Punjab-Haryana High Court
The Ladwa Co-Operative ... vs The State Of Haryana Through The ... on 31 October, 1990
Equivalent citations: (1991)99PLR101
JUDGMENT J.V. Gupta, C.J.
1. This letters patent appeal is directed against the order of the learned Single Judge dated 9th January, 1989, passed in Civil Miscellaneous application No. 14603 of 1988 filed in Civil Writ Petition No. 212 of 1988.
2. By virtue of the impugned order it was directed that the senior-most petitioner would be offered the post of salesman which is now being occupied by Sandeep Kumar and Sandeep Kumar would be employed only after all the petitioners are given employment. It is, therefore, evident that it was Sandeep Kumar who could feel aggrieved against the said order He was neither a party to the writ petition nor is he party to the letters patent appeal which has been filed on behalf of the Ladwa Cooperative Marketing-Cum-Processing Society Ltd., Ladwa.
3. Apart from that, in view of the Division Bench judgment of this Court reported in Faqir Chand and Ors. v. The Financial Commissioner, Punjab and Ors., (1978) 80 P. L. R. 357 no letters patent appeal against such an order is maintainable passed in Civil Miscellaneous application No. 14603 of 1988 in writ jurisdiction. Consequently, the appeal fails and is dismissed as not maintainable.
4. However, it would be open to Sandeep Kumar, who was not a party to the writ petition, to seek his remedy in accordance with law if he feels aggrieved against the impugned order dated 9th January, 1989.