K.B. LAL SINGAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) This writ petition as well as Civil Writ Petition No. 3206 of 1993, in our considered view, have become infructuous and deserve to be dismissed as such. The petitioners in these writ petitions have challenged the seniority list which they are describing as tentative. During the pendency of the writ petition another seniority list which is being called as final seniority list has come into being. The same can be challenged by the petitioners. This Court is not in a position to know at present as to whether the respondents are going to be the same or there may be addition of the names of the respondents as a consequences of the new seniority list which has been prepared only last month. The grounds of attack to the final seniority list can also substantially change the reference and there is no point in adjourning the cases to enable the petitioners to file an application for amendment. If the petitioners make out a good ground in another writ petition challenging the final seniority list, the court can always come to the rescue of the petitioners. If the final seniority list which may or may not be challenged in fresh writ petitions appears to the Court to be correct, the Bench hearing the fresh writ petition may not even admit the same. In such uncertain circumstances the Court is not under obligation to keep on adjourning the cases to enable the petitioners to file an application for amendment.

(2.) The Bench vividly remembers that in the end of March the cases were got adjourned by the counsel for the petitioner to file an application for amendment. No such application has been moved. In any case a fresh writ petition is competent against the new seniority list giving fresh cause of action to the petitioners. Consequently these two writ petitions are ordered to be dismissed as infructuous. The petitioners would be at liberty to file a fresh writ petition, if they are aggrieved against the final seniority list, and implead such respondents who are likely to be affected as a result of the new seniority list.