O P SHARMA Vs. RAJASTHAN HOUSING BOARD

JUDGEMENT

(1.) THE grievance of the petitioners in all these writ petitions is that being the promotees of 1979 they ought to have been placed above the direct recruitees of 1979 in the seniority list but their names have been shown below the names of the direct recruitees in the said list.

(2.) THE averments made in the writ petitions by the petitioners are that according to Regulation 11 of the Rajasthan Housing Board Employees Conditions of Recruitment and Promotion Regulations 1976 (for short the Regulation 1976) the promotees will rank senior to those who will be appointed by direct recruitment. This legal position was further clarified by the Rajasthan Housing Board's order dated April 18, 1988. But mandate of Regulation 11 has been flouted and direct recruitees of 1979 were rank senior to the promotees of 1979 in the seniority list prepared by the respondent Rajasthan Housing Board.

(3.) REFUTING the objection learned counsel appearing for the petitioners canvassed that very principle of determination of seniority made by the RHB is under challenge in the petitions. The persons who are likely to be affected as a result of the readjustment of the seniority of the petitioners in accordance with Regulation 11, are at the most proper parties and not necessary parties and their non-joinder is not fatal to the writ petition. Reliance was placed on V. P. Shrivastava vs. State of M. P. It was further contended that amongst the persons recruited in the same year, the promotees will rank senior to those who will be appointed by direct recruitment and the respondent RHB ought to have placed the petitioners above the direct recruitees of 1979.