DBCMA NO.76/08. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R D.B. CIVIL MISC.APPLICATION NO.76/2008. IN D.B. CIVIL SPECIAL APPEAL (WRIT) NO.164/2007. Sangeet Kumar & Ors. Versus State of Rajasthan & Ors. Date of Order:- May 4, 2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ HON'BLE MR.JUSTICE MAHESH CHANDRA SHARMA Shri Ashok Gaur for the applicant-appellants. Shri N.A. Naqvi, Additiional Advocate General. ***** BY THE COURT:- This application has been filed with the prayer that order dated 9/8/2007 passed by this Court in DBSAW No.164/2007 be recalled and special may be restored back to its original number. 2) The aforesaid order was passed on an objection being raised by the State that necessary parties were not impleaded in the appeal as the dispute pertains to seniority. This Court directed appellants to implead employees whose names were mentioned at Sr.No.425 to 730 in the seniority list dated 5/2/1998 within a period of four weeks from the date of passing of the order with the stipulation that in case appellants failed to do so, appeal shall stand dismissed automatically. On DBCMA NO.76/08. 2 failure of the appellants to do so, appeal was taken as dismissed by operation of the per-emptory order. Now, appellants have also simultaneously filed an application for impleadment of those affected employees as party and since the appeal itself was taken as dismissed, they were required to move this application for restoration which has come to this Division Bench by way of assignment. 3) In the circumstances, we feel that applicants may be given an opportunity to contest the matter on merits rather than appeal be dismissed for non-impleadment of the affected employees for whose impleadment in any case, appellants have now submitted an application. 4) We, therefore, recall the order dated 9/8/2007 and restore the appeal back to its original number, to the extent appeal was taken as dismissed for non-compliance of the per-emptory order sought to implead employees as necessary parties to the appeal. 5) For orders on application for impleadment of the above referred to employees as also for interim-relief, case be listed before the regular Bench. 6) Restoration Application is accordingly allowed and disposed of. (MAHESH CHANDRA SHARMA), J. (MOHAMMAD RAFIQ), J. anil