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2015 Supreme(Raj) 1958

AJIT SINGH, ANUPINDER SINGH GREWAL
Rajesh Pal : Rajendra Mathur : V. M. Johari – Appellant
Versus
Bhawani Singh Rathore – Respondent


For the Appellants:Mr. Ashok Gaur, Sr. Counsel assisted by Mr. Ashwini Jaiman, Mr. R.N.Mathur, Sr. Counsel assisted by Mr. Rahul Chaudhary & Mr. Prateek Mathur, Mr. Rajendra Soni with Mr. Mohit Soni, Ms. Nayan Tara Soni, Advocates.
For the Respondents:Mr. Sanjeev Prakash Sharma, Sr. Counsel assisted by Mr. Gaurav Sharma, Advocate.
For the JDA:Mr. Ashish Kumar, Advocate.

JUDGMENT

1. - These special appeals arising out of the common order dated 19.09.2013 passed by the Single Bench are being decided by this judgment. The appellants were respondents in the writ petitions and some of the appellants were not party to the writ petition but they have also preferred the appeals as they are stated to be adversely effected by the judgment.

2. These intra court appeals are directed against the order of the Single Bench dated 19.09.2013 whereby the writ petitions preferred by the respondents herein were allowed and the seniority list dated 12.12.2006 as well as the consequential orders of promotion in pursuance to this seniority list were set aside.

3. The question which arises for adjudication in the instant appeals is whether the inter se seniority vis-a-vis erstwhile employees of the Avas Vikas Sansthan (hereinafter referred to as 'the AVS') on their appointment in the Jaipur Development Authority (hereinafter referred to as 'the JDA') could be determined on the basis of their inter se seniority in the AVS or on the basis of date of joining in the JDA.

4. In the year 1989, the AVS was constituted and registered as a society under the Societies Registration Ac











































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