STATE OF RAJASTHAN Vs. YATISH SHARAN

JUDGEMENT

(1.) THE original petitioner Yatish Sharan filed a writ petition No. 33280/96 against the three respondents (1) State of Rajasthan (2) THE Chief Engineer and (3) N. K. Dutta and prayed that he should also be considered for promotion from the date on which his junior respondent No. 3 Shri N. K. Dutta was promoted. Though served, respondent No. 3, Shri Dutta had not entered his appearance and in his absence, the writ petition was decided by the learned Single Judge on 6. 5. 99.

(2.) IT must be stated that earlier Shri Dutta had filed S. B. Civil Writ Petition No. 2444/98 wherein the original petitioner Shri Yatish Sharma filed an application for impleading himself as party - respondent. However, it was conceded by the learned counsel Shri Dutta that Shri Yatish Sharan was senior to Shri Dutta in the seniority list. The same petition was later on dismissed on 13. 1. 1993. That order became final.

(3.) IN our considered opinion, the notification becomes effective only from the date of its publication in the gazette and not from the date of its issuance. Thus, the learned Single Judge has not committed any error in directing the present appellant to reconsider the case of the respondent for promotion for vacancies of the year 1991.