MADHU SUDAN BHATNAGAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY way of this writ petition, the petitioner has prayed to direct the respondents to re-fix the seniority of the petitioner and grant all consequential benefits of service. Provisional Seniority list (Annex. 3) is dated 20. 5. 81 and the seniority list, Annex. 4 is dated 1. 10. 1987. Before filing the petition, the petitioner served the respondents with notice for demand of justice dated 5. 7. 90 to re-fix the seniority in terms of the Apex Court judgment reported in 1990 and filed this writ petition in November, 1990.

(2.) LEARNED counsel Shri G. L. Khatri for the respondents raised the following preliminary objections :- 1. That the petitioner had a better alternative and efficacious remedy by way of appeal before the Rajasthan Civil Service Appellate Tribunal, which he has not availed of. Therefore, in view of the Full Bench Judgement of this Court reported in 1995 R. L. W. page 1 (1) this petition should be dismissed. 2.There is a gross delay of almost three years in filing this petition. Therefore, on the ground of delay and latches also it should be dismissed. 3.The petitioner has not joint those 17 Doctors whose names have been mentioned in para no. 5 of the writ petition. They are necessary parties as any order passed on merits in favour of the petitioner is going to effect them. Therefore, in absence of necessary and proper parties on the record of the petition, this petition is required to be dismissed.

(3.) IN view of the above discussion, all the three preliminary objections raised by the learned counsel for the respondents are accepted and the petition is dismissed on the aforesaid grounds without going into the merits of the case.