Decided on February 28,2012

Devi Dutt Kapri And Another Appellant
Bahadur Singh Mahara And Others Respondents


Barin Ghosh, J. - (1.) THE writ petitioner - respondent Bahadur Singh Mahara brought a dispute in the writ petition to the effect whether Rule 29 of the U.P. Subordinate Revenue Executive (Bhulekh Nirikshaks - Hill Pattis of Kumaun and Garhwal Divisions) Service Rules, 1983, or Rule 6 of the Uttaranchal Government Servants Seniority Rules, 2002, would apply in the matter of fixation of seniority of Revenue Inspectors. It was the contention of the respondent - writ petitioner in the writ petition that he was appointed as a Patwari and, there after, was appointed as Revenue Inspector and, according to the 2002 Rules, his seniority shall be determined with reference to his seniority as a Patwari. Though the State Government contended that the same is not correct, but the learned Judge felt that the said contention of the respondent - petitioner is correct. The learned Judge, therefore, disposed of the writ petition and, thereby held that fixation of seniority of the respondent - petitioner can be made only in accordance with the 2002 Rules. There after, the learned Judge directed the Chief Revenue Commissioner, Uttarakhand to prepare the seniority list on that basis and, before doing so to hear the affected parties. In view of the said direction the parties to be heard by the Chief Revenue Commissioner will have no scope of making an argument to the effect that the contention of Bahadur Singh Mahara (respondent - writ petitioner) that the 2002 Rules applied is incorrect. The fact remains that before making the pronouncement that the 2002 Rules will apply, the parties likely to be affected by the said pronouncement were not made parties to the writ petition. We, accordingly, interfere with the matter and set aside the judgment and order under appeal. The matter is remitted back to the writ court. It shall be open to the respondent / writ petitioner Bahadur Singh Mahara to seek leave of the court under Order I Rule 8 of the Code of Civil Procedure;

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