N.K. Jain, J. - (1.) This special appeal u/s. 18 of the Rajasthan High Court Ordinance, 1949 is directed against the order of learned single Judge dated 19-9-89 whereby while allowing the writ petition he has directed the appellant to promote the petitioner-respondent No. 1 on the post of Helper I from 17-5-71.
(2.) The facts which are necessary for the disposal of this special appeal briefly stated that the petitioner-respondent No. 1 Ram Narayan was appointed as a Helper II vide order dated 29-1-69 Anx. I for a period of three months and continued as such. The seniority of the Helpers Grade I and Helpers Grade II was determined as it stood on 2-11-69 and in the list the petitioner's name appeared at 15th number. Out of the Seniority List 13 Helpers I Grade II were promoted on ad hoc basis as Helpers Grade I w.e.f. 3-11-69. The Commissioner, Municipal Council vide order dated 21-12-1976 found 13 Helpers to be fit for being absorbed on the post of Helper I depriving Sarava Shri Bhagirath, Jairam Shankersingh and Ramnarayan to the benefit of promotion to the post of Helper Grade I. The Administrator asked for the relaxation in educational qualification which was granted by the Deputy Secretary to the Government vide Anx. 9 dated 20-5-1980 to Bhagirath, Jairam, Shanker Singh and Ramnarayan but promotion was given to the other persons on the post of Helper Grade I ignoring the claim of the petitioner. He was appointed as Helper Gr. I on 19-9-85 vide Anx. 12. Thereafter the Commissioner, Municipal Council, Sri Ganganagar vide his order dated 11-6-86 Anx. 13 ordered the appointment of the petitioner to the post of Helper I to be considered w.e.f. 1-4-1981. The petitioner approached this Court by way of writ petition claiming that he is entitled for promotion to the post of Helper I w.e.f. 17-5-71 when it was given to the persons junior to him on the ground of discrimination. Notice to show cause was : issued to the non-petitioners and in pursuance thereof Mr. N. P. Gupta, advocate appeared oh behalf of respondent No. 3 and filed reply stating that the appointment of Jai Ram is of 2-3-66 and he was appointed as Key-Man on 26-6-68 and subsequently appointed as a Helper Gr. II on 24-11-72. It was also stated that the contention of the petitioner that he should have been promoted as Helper I w.e.f. 17-5-71 cannot be accepted as he has not chosen to implead the affected persons as party and prayed that the writ petition deserves to be dismissed. A preliminary objection was also raised that as Lekhram, Jairam and Rad ha Mohan have not been impleaded as parties to the writ petition, it is not maintainable. The petitioner was granted time for doing so. The application for impleading them was allowed by the learned single Judge vide order dated 13-7-89. After hearing both the parties, the learned single Judge allowed the writ petition as stated above vide his order dated 19-9-89. Dissatisfied with the order of learned single Judge, the Municipal Council, Sri Ganganagar has preferred this special appeal.
(3.) Mr. Gupta, learned counsel for the appellant has contended that the learned single Judge has erred in allowing the writ petition when only a show cause notice had been issued by the Court to the respondents. He has submitted in the reply to the show cause notice that the petitioner has come to the Court with unclean hands suppressing numerous material facts as according to the petitioner Jai Ram was appointed on 24-1-72 whereas he is an appointee of 2-3-66. He has also submitted that the petitioner was promoted as soon as the post became available on 1-4-81.;