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PETITIONER: RAJBIR SINGH, HFS-II.

       Vs.

RESPONDENT: THE STATE OF HARYANA & ANR.

DATE OF JUDGMENT:       04/01/1996

BENCH: RAMASWAMY, K. BENCH: RAMASWAMY, K. G.B. PATTANAIK (J)

CITATION:  1996 SCC  (2)  19        JT 1996 (1)   222

ACT:

HEADNOTE:

JUDGMENT:                          O R D E R      Application for impleadment is dismissed as withdrawn.      Leave granted.      We decline  to express any opinion on merits since M.P. Sharma, who  was appointed  to  an  additional  posts  as  a general candidate  pursuant to  the direction  issued by the High Court  in Writ  Petition No.13700/90,  on July  8, 1990 while the  appellant was  regularly selected  by the  Public Service Commission and appointed earlier to him, is not made a party  to  these  proceedings.  The  main  thrust  of  the argument is  on inter se seniority between the appellant and M.P. Sharma.  But  in  the  absence  of  M.P.  Sharma  being impleaded as  a party  respondent to  these proceedings,  we cannot go  into the  question. Under these circumstances, we do find  that though  the  High  Court  dismissed  the  writ petition in  limine, it  would be  open to  the appellant to approach the High Court, if so advised, to file a fresh writ petition impleading the affected parties and seek his remedy according to law.      The appeal is dismissed accordingly. No costs.