1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1328 OF 1998 Shri Ramchandran Iyer and ors. ...Petitioners v/s Indian Airlines Ltd. and others ...Respondents Mr N.M. Ganguli for Petitioner. Mr S.K. Talsania, Sr. Counsel with Mr Abhay Kulkarni i/b M/s Bhasin and Co. for Respondent Nos.1 and 2. Mr Y.R. Mishra with Mr H.K. Vardhan and Mr V.B. Tiwari for Respondent Nos.5. CORAM : D.K. DESHMUKH AND R.G. KETKAR JJ. DATE : 20TH AUGUST 2009. 2 P.C. :- 1] The petitioners, by this petition, challenge their placement in the seniority list and they claim that they should have been placed above the respondent Nos.3 and 4 in the seniority list. When we found that there is nothing on record to show that the respondent Nos.3 and 4 are served with rule nisi, office report was called for. It has been submitted. It states thus :- After verifying the record it reflects that the Advocate for the petitioners has not taken steps to lodge draft of rule nisi for service upon the respondent Nos.3 and 4. Hence rule nisi is not issued and the respondent Nos.1 and 2 have waived service of rule. We find from the record that the respondent Nos.3 and 4 who are necessary parties have not been served. In the absence of respondent Nos.3 and 4, 3 this petition cannot be heard. The learned counsel appearing for petitioners contended that he has a document which shows that rule nisi has been issued to respondent No.4. But we have nothing before us to show that the respondent No.4 has been served. In any case, we have nothing to show that even an attempt has been made to serve the respondent Nos.3 and 4. By prayer clause (b), the petitioners are claiming placement in the seniority list above the respondent Nos.3 and 4. Therefore, no relief can be granted in this petition. Petition is disposed off, rule is discharged with no order as to costs. Parties to act on the copy of this order duly authenticated by the Associate / Private Secretary of this Court. Certified copy expedited. ( JUSTICE D.K. DESHMUKH ) ( JUSTICE R.G. KETKAR )