A.R.SOMNATH IYER,J. - (1.) THIS is an application for the grant of a certificate under sub -clauses (b) and (c) of Article 133(1) of the Constitution.
(2.) IN Writ Petitions Nos. 1411 and 1412 of 1961 presented by Mr. Chandavarkar and Mr. Moulvi, we issued a direction that the determination of their seniority in the cadre of mamlatdars should be made on the basis of the elucidation contained in paragraph 2 of a resolution of, the Government of Bombay of November 21, 1941. On July 11, 1963 the State Government prepared the seniority list in accordance with that direction in consequence of which Mr. Chandavarkar was assigned the twelfth rank, Mr. Moulvi the thirteenth rank and a certain Mr. Upadhye who was not a party to the two writ petitions the twenty -third rank. According to the antecedent seniority list, Mr. Upadhye had been assigned the twelfth rank who, in consequence of our direction which was made in his absence, was assigned the twenty -third rank. So it was that Mr. Upadhye presented Writ Petition No. 1491 of 1963 in which he challenged the validity of the list prepared by the State Government pursuant to the direction which we issued in the earlier writ petitions.
(3.) ON the basis of the decision in Shivdeo Singh v. State of Punjab, AIR 1963 SC 1909, Mr. Upadhye was advised, as it has been explained to us to make an application for a review of the orders which we made in the earlier writ petitions instead of seeking a writ in his own writ petition which he subsequently presented. Those two review petitions presented by Mr. Upadhye were numbered Civil Petitions Nos. 150 and 151 of 1964. By an order made by us on July 24, 1964, we granted that review and directed the rehearing of writ petitions Nos. 1411 and 1412 of 1961 since, in our opinion, Mr. Upadhye who had not been made a party to those writ petitions had been adversely affected by the order which we made therein.;