RAM CHANDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS Letters Patent Appeal has arisen out of the judgment of the learned Single Judge dated January 4, 1995 whereby the petition filed by the appellant (hereinafter referred to as the petitioner) was dismissed mainly on two grounds: (a) On the basis of delay and laches that the writ petition was filed by the petitioner after a lapse of seven years; and (b) that the persons who have been promoted and are junior to the petitioner have not been impleaded as parties in the writ petition.

(2.) BRIEFLY , the facts of the case giving rise to this appeal are that the petitioner who was promoted as a Zilledar on 19. 11. 1981 was reverted to the post of Assistant Revenue Clerk on 25. 1. 1986 on the ground that he had been appointed on that post against the permissible direct quota. On the same basis some other Zilledars stood reverted who preferred Civil Writ Petition Nos. 1384, 1208, 1302, 1393, 1395, 1439, 1574, 1799, 3346 and 3743 of 1984 and 4381 of 1986. In these Civil Writ Petitions the Court held that reversions were made in violation of the law and the writ petitions were allowed. Consequent upon the judgment of this Court the reversion orders of number of Zilledars were withdrawn vide orders dated 31. 7. 1992 and 28. 12. 1992 as contained in Annexure P-3 and P-4. The petitioner who was senior to number of petitioners in those writ petitions made a representation to the authorities for withdrawal of his reversion order on 12. 12. 1992. The petitioner submitted another representation on 4. 1. 1993 but his reversion order was not withdrawn. Thereafter the petitioner filed Civil Writ Petition No. 3161 of 1993, out of which the present Letters Patent Appeal has arisen.

(3.) MR . Sud, learned counsel for the petitioners argued that as the petitioner was standing on the same footing on which the reversion orders of his colleagues were withdrawn, therefore, the stand of the respondents that the petitioner is not entitled to such relief is belied for he is seeking the relief on the basis of a covered judgment passed by this Court whereby the writ petitions of most of the reverted Zilledars have been allowed and they have been promoted along with some of his juniors.