1. IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- SPL. APPL. WRIT No. 920 of 1997 R.C.D.F. JAIPUR V/S SHYAM SUNDRA PUROHIT Mr. D.K.Parihar, for the appellant. Mr. Mukesh Vyas, for the respondent. Date of Order : 25.1.2008 HON'BLE SHRI N P GUPTA,J. HON'BLE SHRI DEO NARAYAN THANVI,J. ORDER ----- Heard learned counsel for the parties. This appeal has been filed by the Rajasthan Co- operative Dairy Federation against the order of the learned Single Judge dated 19.11.96. The private respondent had filed the writ petition, claiming the following direction: “The non-petitioner be directed to determine the vacancies in the cadre of Assistant Project Officer and to convene the meeting of D.P.C. within a time specified by this Hon'ble Court for giving effect to the promotion quota ear-marked for Assistant Project Officer and to fill-up the posts of Assistant Project Officers in accordance with law and to promote the eligible and suitable candidates from the date of occurrence of vacancies and the candidates be given the pay scale from the date of occurrence of vacancy and the petitioner may also be assigned the seniority and other benefits.” As we find from the order of the learned Single Judge, 2. that during the pendency of the writ petition, at the time of hearing, the present appellant produced before the Court, an office order dated 17.1.89, whereby, promotion was awarded to three persons, including the present respondent on the post of Assistant Project Officer with effect from the date of joining, and the present respondent was posted at Jalore. In these circumstances, the learned Single Judge, after noticing this order, found that the order does not say as to which year has been assigned to the petitioner for his seniority, and in the prayer clause of the writ petition, it has stated that he should be assigned seniority and promotion on the date of occurrence of vacancies, and it was observed that respondent (present appellant) has not done the complete exercise of determining the vacancies year-wise, therefore, direction was issued to determine the vacancies in question year- wise, and then promote the petitioner and similarly situated persons, assigning them appropriate seniority. Assailing this part of the order, it is contended that there is no provision in the appellant Federation for such determination of vacancies year-wise, as and when the vacancies occur, promotions were made and, accordingly, the respondent was promoted vide office order dated 17.1.89. The next submission made is that after passing of the office order dated 17.1.89, the Federation has only remained as apex body and the different erstwhile Milk 3. Unions have become body corporates in the name of respective places and in that process, the Jalore unit has become an independent body corporate and the respondent has become an employee thereof, the seniority etc. of the employee are governed in individual body within itself and, therefore, now it is not possible to implement the impugned order in view of the subsequent events. Factual aspect of Federation has remained only the Apex Body, and different Milk Produces Cooperative Societies in the name of respective places having become corporate bodies, are not in dispute, and it is also not in dispute that the respondent is working as an employee of the Jalore Society. In that view of the matter, in our view, the direction given by the learned Single Judge to determine vacancies year-wise, and then promote the petitioner- respondent, assigning him appropriate seniority, could not be sustained and implemented. Thus, the appeal is allowed and the impugned direction is set aside and writ petition is dismissed. ( DEO NARAYAN THANVI ),J. ( N P GUPTA ),J. ms rathore