- (1.) This is an intra court appeal filed by the writ petitioner of Writ Petition No. 1190/2003 under Rule 134 of the Rajasthan High Court Rules against an order dated 09.03.2009 passed by the learned Single Judge in Writ Petition No.1190/2003. While disposing of the writ petition, the learned Single Judge made following observations in the form of directions to the respondents of the writ petition :- "In view of above, impugned order dated 28.1.2003 passed by the respondents cannot be faulted. The writ petition is dismissed to that extent. The respondents are however directed to consider case of the petitioner on the post of Junior Mechanic (Electrical) consistent with claim of other eligible candidates on the basis of seniority in accordance with rule as and when vacancy in such posts arise."
(2.) Admittedly, sofar as respondents are concerned, they have not felt aggrieved against the impugned directions quoted supra and have accepted the order. So far as impugned directions are concerned, since they are in favour of writ petitioner. Under these circumstances and in this view of the matter, the writ petitioner cannot be said to be aggrieved of this part of the directions.
(3.) Learned counsel for the appellant has an apprehension that on the basis of the impugned order, some recovery may not be made from the appellant by the respondent. We find no basis to form such apprehension for two reasons. In the first place, the issue with regard to recovery of any monetary claim was never figured in this litigation, secondly, no order was passed to this effect much less adverse to the writ petitioner in this case and lastly, in the absence of any claim much less its determination on the issue relating to money claim, we cannot entertain this submission for its examination on merits in this case. Needless to observe as and when any occasion arises on this issue, the parties will get opportunity to contest the same on merits in accordance with law.;