V V JOSEPH Vs. UNION OF INDIA

JUDGEMENT

(1.) The application for addition of Respondents Nos. 5 to 13 is allowed.

(2.) We have heard the learned counsel for the petitioners. In our view the writ petition is fit to be dismissed without issuing Rule Nisi.

(3.) The question raised in the case relates to the inter se seniority between the petitioners, respondent No. 4 and the added respondents 5 to 13. The respondent No. 4 had earlier challenged the interpretation placed on the order dated 4-8-1977 against him by filing an application under Art. 226, which was registered as writ petition No. 6164 of 1978 in the Andhra Pradesh High Court and claimed further relief on that basis. The writ petition was allowed in his favour by a learned single Judge and the judgment was confirmed by a Division Bench. The Union of India brought the matter to this Court, but without any success. While dismissing to special leave petition, a bench of this Court observed that they did not find any merit in the petition. After the judgment became final, it has been implemented and as a result thereof the petitioners have been pushed below. Now, they have come to this Court by a petition under Art. 32, contending that, the said judgement is not binding on them since they were not impleaded as parties therein.