JUDGMENT 1. - The petitioner has approached this court seeking following reliefs : (i) The respondents be restrained from making any promotion to the post of Assistant Engineer prior to issue of a combined seniority list of all Junior Engineers (Degree holders as well as Diploma holders). (ii) The respondents be directed to prepare combined list of Junior Engineers (Degree Holders as well as Diploma Holders) forthwith; (iii) The orders dated September 4, 1989 be quashed. 2. The petitioner has made a reference of the judgment in Kailash Chand Goyal v. State of Rajasthan and others, D.B. Civil Writ Petition No. 560 of 1979 decided on October 6, 1988 whereby the Division Bench of this Court quashed the Notification dated June 22, 1976, June 28, 1977, May 30, 1977 and July 28, 1978 making the amendments giving retrospective effect in the respective Service Rules. The State of Rajasthan and the Chief Engineer, Public health Engineering Department were directed to prepare the seniority list afresh. treating earlier seniority list dated May 21, 1979 as non-existence. 3. Though the petitioner did not implead the affected persons as parties in the writ petition but the Graduate Engineers Association of Rajasthan moved an application seeking impleadment as party in the writ petition. This Court allowed the application and impleadment the Association as party. 4. I have given my anxious consideration to the rival contentions and carefully weighed the material on record. 5. Their Lordships of the Supreme Court in J.S. Parihar v. Ganpat Duggar and others Special Leave to Appeal (Civil) No. 17204, 17206/96 decided on September 11, 1996 had occasion to consider the afore quoted judgment of the Division Bench, while dismissing the appeal, their Lordships indicated thus : "It may be open to the aggrieved party to assail the correctness of the seniority list prepared by the State Government if it is not in conformity with the directions issued by the High Court, if they so advised in an appropriate forum." 6. During the course of arguments. learned counsel appearing for the respondents canvassed that final seniority list has been prepared strictly in accordance with the directions given by the Division Bench and promotions were made accordingly.
During the course of arguments. learned counsel appearing for the respondents canvassed that final seniority list has been prepared strictly in accordance with the directions given by the Division Bench and promotions were made accordingly. In the instant writ petition the petitioner has assailed the orders dated September 4, 1989 but did not implead the persons incorporated in the said orders and no relief can be granted to the petitioner without impleading the affected persons. The writ petition suffers from non-joinder of necessary parties and under the circumstances the petitioner is not entitled to any relief. 7. The writ petition has no merit and it is accordingly dismissed. No costs.Writ petition dismissed. *******