IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No.16438 of 2008 . Decided on: March 31, 2010 Sushil Kumar ….. Petitioner. Versus H.P.S.E.B. and another …… Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice R.B. Misra, Judge. For the Petitioner : Mr. Anuj Nag, Advocate. For the Respondents: Ms. Anjula Khajuria, Advocate. --------------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral) The Writ Petition is filed with the following prayer:- “i) That the respondent Department be directed to regularize the applicant w.e.f. 4.3.1987 when his juniors were regularized and also to give seniority and all promotional benefits and financial benefits which are applicable to the applicant.” According to the petitioner, his case had been recommended by the second respondent as can be seen from Annexure A-6. Learned Standing counsel for the respondents submits that the petitioner was working in project wing and he could not be regularized for 2 want of vacancy, at the relevant time. In the generation wing also, he could not be regularized since his turn had not reached. But the Chief Engineer stated that regularization of the petitioner is to be considered taking note of his total length of service. Be that as it may, since the affected parties are not parties arrayed, it is not proper for this Court to decide the issue. Therefore, we dispose of the Writ Petition as follows: The petitioner may file an appropriate representation before the first respondent within a period of one month, in which case the first respondent will take appropriate action in accordance with law, taking also note of Annexure A-6 and pass appropriate orders after affording an opportunity of hearing to the petitioner and the affected parties within a period of another three months. (Justice Kurian Joseph), Chief Justice March 31, 2010 (Justice R.B. Misra), (rks) Judge.