THE HON’BLE SMT JUSTICE T.MEENA KUMARI AND THE HON’BLE SRI JUSTICE SANJAY KUMAR W.A.No.884 of 2009 JUDGMENT: (Per the Honb’e Smt Justice T.Meena Kumari) This writ appeal arises out of the order dated 26.08.2003 passed in WP No.1391 of 1997 by a learned single Judge of this Court. The appellant herein is the writ petitioner. He filed the said writ petition seeking to reckon his seniority in the cadre of Lab Technician Grade-II. Initially, he was appointed as Lab Attender on 4.6.1977 and subsequently obtained certificate in the Laboratory Technical Course. As per G.O.Ms.No.614 (Endowments-III) Department, dated 27.6.1989, he is eligible to be considered along with others for the post of Lab Technician. When the post of Lab Technician arose in the year 1991, he was entitled for being considered along with others who were sponsored by the employment exchange. When the petitioner sought to be transferred vide proceedings dated 26.6.1989, he filed WP No.9865 of 1989, which was dismissed by an order dated 21.11.1992. Challenging the same, he filed a writ appeal being No.861 of 1993, and during the pendency of the same, the case of the petitioner was considered and promoted as Lab Technician Grade II and the said writ appeal was closed. Being not satisfied with the same, the writ petitioner again filed the present writ petition seeking the self same relief, which was attained finality in the writ appeal. The learned Single Judge, having observed that having not satisfied with the promotion given during the pendency of the writ appeal in the year 1993, the petitioner cannot re-agitate the matter, which was settled long ago with the dismissal of the writ appeal, dismissed the writ petition. A perusal of the record goes to show that prior to filing of the present writ petition, the appellant has filed WP No.9865 of 1989, which was dismissed on 21.11.19992. Challenging the same, the petitioner filed WA No.861 of 1993, during pendency of which, his case was considered and he was given promotion as Lab Technician Grade II with effect from 19.5.1993. The rights of the appellant as to his promotion to the post of Lab Technician Grade II were concluded after disposal of the said writ appeal. Further, the appellant did not question the recruitment and appointment of the persons made in pursuance of the notification in the year 1991 or 1992. The appellant cannot re-agitate the matter, which attained finality during pendency of the earlier appeal. Hence, we are of the opinion that the findings arrived at by the learned single Judge needs no interference. Accordingly, the writ appeal is dismissed. ______________________ (T.MEENA KUMARI, J) ____________________ (SANJAY KUMAR, J) 7-7-2009 rkk