AS DABHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In present petition, the petitioners have raised dispute with regard to seniority. The petitioners have come forward with the allegation that they have been wrongly placed at the bottom of seniority list whereas their seniority should have been considered from the date of joining the service and not from the date on which they opted to go to establishment of Patan district upon bifurcation of erstwhile Mahesana district.

(2.) In the event, the case of the petitioners is accepted, then, it would affect the seniority of other persons whose names in the impugned seniority list appeared before the names of the petitioners and that therefore, the petition cannot be maintained and entertained in absence of the persons who may be affected in the event, the petitioners' grievance is entertained.

(3.) Such persons are necessary party to the proceedings and in their absence, without hearing the said persons, the grievance of the petitioners cannot be entertained.