JASWANT SINGH LAMBA versus HARYANA AGRICULTURAL UNIVERSITY & ORS.

JASWANT SINGH LAMBA versus HARYANA AGRICULTURAL UNIVERSITY & ORS.

A review petition by a third party, who was not a necessary party in the original writ petition and who had knowledge of the proceedings and final order, is not maintainable when the judgment has attained finality and no appeal was preferred. Seniority is not a fundamental right, and only because a fresh seniority list was published did not warrant reopening a settled position.

Parties
Appellant: Jaswant Singh Lamba; Respondents: Haryana Agricultural University & Ors.
Jurisdiction
India
Judgment Date
06 May 2008
Procedural Posture
Civil Appeal / Appeal Against Dismissal of Review Petition
Outcome
Appeal dismissed
Legal Topics
Maintainability of Review Petition, Seniority, Locus Standi, Necessary Party
Constitutional Law Administrative Law Labour Law Maintainability of Review Petition Seniority Locus Standi Necessary Party

Case Brief

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Parties

Jaswant Singh Lamba

Appellant

Haryana Agricultural University & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal Against Dismissal of Review Petition

Legal Issues

  1. 1 Whether the appellant has locus standi to file a review petition against the judgment allowing regularization of services of writ petitioners
  2. 2 Whether the review petition by a third party, filed belatedly, is maintainable

Ratio Decidendi

A review petition by a third party, who was not a necessary party in the original writ petition and who had knowledge of the proceedings and final order, is not maintainable when the judgment has attained finality and no appeal was preferred. Seniority is not a fundamental right, and only because a fresh seniority list was published did not warrant reopening a settled position.

Court Disposition

Appeal dismissed

Orders

  • Review application not maintainable
  • No order as to costs