Whether arraingning private respondents is always necessary ?
Deepak Sharma
(Querist) 07 July 2013
This query is : Resolved
Respected Sir(s)
I got allotted to a Group 'A' service(BRES) on the basis of engineering services examination conducted by the UPSC in 1998 and joined it on 02.08.2000.I also got promoted in higher grade on 10.11.2004. However in 2011, I came to know that my allotment to BRES was provisional which fact was supressed from me and that I stood re-allotted to Central Engineering Service(Roads)in October, 2000 but could not be appointed to it since that fact was never revealed to me. After knowing about that re-allotment, I filed an OA 71/2011 in the CAT Guwahati for appointment to CES(Roads) which was allowed with consequential benefits with protection of seniority. I joined the CES(Roads) on 02.01.2013 in the initial grade and my date of seniority in the CES(Roads)is protected as 02.08.2000 and hence I am entitled to promotions in the higher grades by review DPCs which have not been convened till date due to the inaction of the government respondents. I request the learned advocates here to kindly advise me whether it is necessary for me to arraign the private respondents, who got promoted in the CES(Roads) even before I could join CES(R), as necessary parties in any court case which I may file for getting promotions in the present service. My humble view is that once my date of seniority is fixed as 02.08.2000, I get entitled to enforcement of my right to promotion in the higher grades in the said service on that ground alone and if I arraign private respondents too , in addition UoI , I would be inviting them to challenge not only my date of seniority but also my belated appointment to CES(Roads).Kindly advise.
Sudhir Kumar, Advocate
(Expert) 07 July 2013
anyone who is likely to be affected by the decision of the court has a right to be heard and it is necessary to join him as respondent.
Guest
(Expert) 07 July 2013
1. You may Arraign persons as respondents only when you claim any relief against them.
2. You may Arraign persons as respondents if you feel that the Court cannot decide issue(s) in your case without hearing them at all!
3. In case you Arraign a person who has no direct nexus to the case, it may be harmful to you.
4. Better take advice of your advocate whom you want to engage for the case.
ajay sethi
(Expert) 07 July 2013
agree with experts
Raj Kumar Makkad
(Expert) 07 July 2013
As your relief is not against any other person rather is confined against the State so there is no requirement to implead any private person as respondent to the litigation.
R.K Nanda
(Expert) 07 July 2013
nothing to add.
Deepak Sharma
(Querist) 08 July 2013
Sir(s).Thanks for sparing ur valuable time. My advocate also opines that if I implead the pvt respondents as necessary parties, I would be projecting myself as an intruder in the new service to which I stood re-allotted lawfully but could not be appointed due to the State's failure. If I could not join my finally allocated service in time, its the juniors only who got benefitted and got promotions early. And secondly If I could not get promoted by regular DPCs due to the belated appointment, its not my fault but State's fault and I have to get promotions by review DPCs only. And lastly according to him, its me who is the victim having lost several years' valuable experience in CES(R) and not my juniors in CES(R). Thank you Sir(s) again.
Deepak Sharma
(Querist) 08 July 2013
Sir(s).Thanks for sparing ur valuable time. My advocate also opines that if I implead the pvt respondents as necessary parties, I would be projecting myself as an intruder in the new service to which I stood re-allotted lawfully but could not be appointed due to the State's failure. If I could not join my finally allocated service in time, its the juniors only who got benefitted and got promotions early. And secondly If I could not get promoted by regular DPCs due to the belated appointment, its not my fault but State's fault and I have to get promotions by review DPCs only. And lastly according to him, its me who is the victim having lost several years' valuable experience in CES(R) and not my juniors in CES(R). Thank you Sir(s) again.
Sudhir Kumar, Advocate
(Expert) 09 July 2013
if you are claiming a slot above, already appointed persons then the seniority of these persons will be disturbed by your application and you need to implead them.
Raj Kumar Makkad
(Expert) 10 July 2013
Govts. generally do not enter such types of applications moved at high belated stage.
