- (1.) Leave granted.
(2.) The appellant, who was a member of the Rajasthan Judicial Service (for short "the RJS") , is aggrieved by the judgment dated 17/9/1997 of thedivision bench of the Rajasthan High court dismissing his writ petition (CWP No. 3455 of 1997 wherein he had prayed in effect that his case for promotion to the Rajasthan Higher Judicial Service (for short "the RHJS") be considered from the date when the posts in the RHJS fell vacant.
(3.) By the time the appellant filed the writ petition he had already superannuated on 31/5/1996. Prior to his retirement, posts in the RHJS were available in the promotional quota for promotion of the appellant. He had earlier filed writ petition (CWP No. 1544 of 1996 in the High court seeking his promotion. This earlier writ petition came up for admission before the High court on 27/5/1996 and the following order was passed: "27/5/1996: Hon'ble Mr M. G. Mukherji, Acting C. J. Hon'ble Mr Bhagwati Prasad, J. Issue notice, returnable four weeks after the summer holidays. Notice be given 'dasti' to the learned advocate. We direct that even though the writ petitioner retires on 31/5/1996, his case is to be considered along with the other officers for the purpose of promotion to the Rajasthan Higher Judicial Service, and in case such a promotion is accorded to him notionally, his case would be sympathetically considered with appropriate directions, as may be deemed fit and proper. "that writ petition was withdrawn by the appellant on 8/1/1997. Liberty was, however, granted to him to file a fresh writ petition if any occasion arose. The order dismissing the writ petition as withdrawn is as under: "8/1/1997: Hon'ble Mr M. G. Mukherji, C. J. Hon'ble Mr Bhagwati Prasad, J. The petitioner expresses desire to withdraw the writ petition application with liberty to file representation in the administrative forum. He is granted liberty to file fresh writ application if occasion arises. The writ application dismissed as withdrawn. "subsequent writ petition (CWP No. 3455 of 1997 was dismissed in limine with the following order which is now impugned: "17/9/1997: Hon'ble Mr M. G. Mukherji, C. J. Hon'ble Mr Bhagwati Prasad, J. Mr H. N. Calla for the petitioner. We are of the opinion that the present writ application is barred by the principles of res judicata. The representation as submitted by the writ petitioner was considered by the Full court and the Full court in its wisdom rejected the same. It is further contended that the Full court did not pass a speaking order on his representation. We are constrained to hold that the matter was discussed in the Full court and the ultimate decision was communicated to the writ petitioner. We do not think that there is any force in this writ application. Till such time the petitioner 47 retired, none of his juniors was considered for promotion or was given promotion to the Rajasthan Higher Judicial Service. It may be a very sad state of affairs that he was not considered for promotion till he retired but that does not make out any case for interference. The writ application stands dismissed. " This order is being challenged by the appellant in this appeal.;