SHINGHAL, J.—As the learned counsel for the respondents have been successful in raising a preliminary objection against the maintainability of these proceedings on the grounds of limitation, it will be sufficient to state those facts which bear on it.

2. Dr. P.L. Jauhar, the present petitioner, filed S.B. Civil Writ Petition No.946 of 1969 to challenge the appointment of Dr. Brij Mohan Sharma, respondent No. 5, as Deputy Director Medical (E. S. I.), by order Ex. 1 dated March 7, 1969, when that post fell vacant on the retirement of Dr. D.N. Rai. That petition was allowed by a judgment of this Court dated January 29, 1971, and it was directed as follws—

"It will thus appear that the impugned order Ex.1 dated March 7, 1969 is quite illegal, and it is set aside with the direction that the post of Deputy Director in question should be filled up by the State Government according to the law. The petitioner will be entitled to his costs from respondent No. 1."

The State Government did not, however, revert Dr. Brij Mohan Sharma and did not care to fill the post of Deputy Director according to the law. The petitioner therefore filed the present petition on December 20, 1973, praying that the r

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