1. While coming up this petition for consideration of admission and after hearing learned counsel for the petitioner, the Caveator Dr. Mahdi was also heard.

The moot points which came up for consideration are:

1. Whether the writ petition will lie against a decision passed by this very court in a writ petition.

2. Whether the writ will lie in respect of fixation of seniority.

3. Whether non-inclusion of Dr. Mehdi as party to the writ petition, the writ petition is not maintainable for non joinder of necessary party.

2 The facts which have given rise for consideration are that the Caveator Dr. Z. Mehadi after having qualified MBBS from the Government Medical College, Srinagar has acquired further qualification by way of M.-D. from the same college and M R.C. P. from England. After having secured the degree of M. D. he was appointed as Lecturer in the Department of Medicine on -Government Medical college, Srinagar in the year 1974 and as per seniority list issued in this behalf he figured at serial No 13 in the Department of Medicine Medical Education (Gazetted) Department In pursuance of the recommendations of the public service commission, Dr. Z. Mehdi per Govt. order No: 120-E of 1981 dated 23-3-1981 was promoted as Assistant Professor in the Govt. Medical Gollege, Srinagar and was figuring at serial No: 8 in the said order. Whereas the petitioner Dr G. Q. Khan has also joined the Department of Medical Education (Gazetted) Department of Medicine on 5-11-1976 and he figures at serial No: 18 in the seniority list as per government order No: 120-E of 1981 dated 23-3-1981. He also stands promoted as Assistant Professor vide Govt. order No: 91 HME of 1983 dated 31-1-1983 and figures at serial No: 9 against the leave vacancy in Government Medical College, Srinagar.

3. The person of Dr. Zaffar Mehdi had proceeded on leave in the year 1983. In the meantime, it is averred that the Government had issued an order under Article 128 of the J&K Civil Service Regulations under No: 17-HME of 1984 dated 5.4.1984, where under the services of said Dr. Mehdi were discharged. This order of discharge was assiled by Dr. Mehdi in a regular writ petition No: 169 of 1984, which was finally adjudicated upon by a single Judge of this court on 17-8-1988 and it was held as under:-

In the result, the writ petition is allowed and order impugned is hereby quashed. The petitioner shall be deemed to be in continuous service with all consequential benefits as admissible under rules."

This order of learned single Judge was assailed by the state through the medium of Letters Patent Appeal No: 97 of 1988 and CMP No: 4596 of 1988. The said LPA was dismissed by a Division Bench of this court on 18.3.1890. Dr. Khan h d also filed an LPA No: 6 of 1991 against the said order of learned single Judge dated 17-8-1988, which too was dismissed on 6.2.1991. While disposing of the. CPM No: 1174 of 1991 in LPA No: of 1991 filed by Dr. Khan, the court observed as under:

Both Dr. Mehdi and the applicant are working in the discipline of Medicine, in Government Medical College, Sgr. The Applicant has admitted that he knew about the reinstatement of Dr. Mehdi On his return from Saudi Arabia to India. He has, however refuted that he did not know about the filing of the writ petition by Dr. Mehdi in the court. After the writ petition was allowed Dr. Mehdi joined his duties in Medical College Srinagar in the discipline of Medicine in the year 1988. It is difficult to believe that the petitioner would not have come to know that the orders of Dr Mehdis termination had been quashed and thereafter had been allowed to join his duties.

4. We are fully convinced that the applicant was aware of the judgment and the joining of duty by said Dr. Mehdi in the discipline of Medicine- It was contended by Learned counsel for the petitioner that even if it is assumed that the petitioner was in know of the decision of the writ petition, yet the petitions had no cause of action to challenge the judgment till the

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