Md. Gufran Ahmad And Others vs The State Of Jharkhand And Others
2021 Latest Caselaw 1693 Jhar

                  IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                           W.P. (S) No. 2563 of 2020
              Md. Gufran Ahmad and others                                    ... PETITIONERS
                                                       Vs.
          The State of Jharkhand and others                               ... ... RESPONDENTS

CORAM: HON'BLE MR. JUSTICE DR. S. N. PATHAK (Through : Video Conferencing)

For the Petitioners : Mr. Rajendra Krishna, Advocate For the Respondents : Mr. Anil Kumar, Sr. Advocate Mr. Prashant Pallav, Advocate Mr. Parth Jalan, Advocate

05/07.04.2021 Entire gradation list is under challenge.

Mr. Prashant Pallav, learned counsel appearing on behalf of some of the respondents submits that as per the law laid down by the Judgment pronounced by Hon'ble Apex Court and reported in (1984) 4 SCC 251 [Para-28], every individual (affected party) has to be impleaded as party- respondents but the same has not been done in the instant case and as such this writ petition is not maintainable due to non-joinder of necessary parties.

Mr. Anil Kumar, learned Sr. Counsel appearing on behalf of some of the respondents submits that till date he has not received copy of counter affidavit and the rejoinder.

Mr. Rajendra Krishna, learned counsel appearing on behalf of the petitioners submits that he confines his prayer whether Rule 39 of the Bihar Finance Service Rules, 1953 shall prevail for deciding seniority.

It appears that this case requires detailed hearing.

Admit.

Since pleadings are complete and parties have already appeared, put up this case under the heading for 'Hearing'.

Respective counsels are directed to exchange their affidavits. Issue of maintainability shall remain open.

(Dr. S.N. Pathak, J.)

RC