Delhi High Court
Rabindra Lal Aich And Ors. vs Municipal Corporation Of Delhi And Ors. on 24 January, 1991
Equivalent citations: 44(1991)DLT227
JUDGMENT P.N. Nag, J.
(1) In this application under Order I Rule 10, Order 6 Rule 17 and Section 151 of the Civil Procedure Code, 1908 the petitioners seek an amendment of the writ petition, which has been vehemently opposed by counsel for respondents.
(2) The short relevant facts which have necessitated this application for amendment are that one of the reliefs prayed for by the petitioners in this writ petition was that they were appointed as General Duty Officers Grade-11 somewhere in 1978 and since they worked continuously in that job, they should have been regularised w.e.f. the dates they were appointed as General Duty Officers Grade-11. It appears that during the pendency of the writ petition, partial relief has been allowed by the department and the petitioners have been regularised by the respondent-Corporation on the recommendations of the Union Public Service Commission with effect from 27.12.1980. The petitioners now claim that consequent on the regularisation w.e.f. 27.12.1980 their seniority should also reckon from the aforementioned date.
(3) According to the petitioners, nevertheless the respondents have issued a seniority list, annexure J, vide which they have been placed junior to the officers subsequently appointed, which cannot be done in accordance with law. In these circumstances, the petitioners have challenged this impugned seniority list, annexure J, and also have prayed for impleading the officers who are likely to be affected in case the application for amendment is allowed.
(4) Mr. Keshav Dayal, learned counsel for respondents 1 & 2, opposes this application for amendment on the ground that such an amendment will introduce entirely a new cause of action and as such the amendment prayed for should not be allowed.
(5) I am afraid this contention of the learned counsel for respondents 1 & 2 cannot be accepted for the reason that the amendment sought for by the petitioners is a different approach to the same cause of action and in fact subsequent developments should be taken note of by the Court if these are necessary for determining the point in controversy between the parties. In fact the basic cause of action was non-regularisation of the petitioners from the date of the appointment and other consequences of seniority etc. will arise out of such regularisation. Therefore, it cannot be said that this amendment, if allowed, will introduce a new cause of action. Even otherwise, this amendment is desirable in order to avoid multiplicity of proceedings and is necessary for determining the real point in controversy between the parties.
(6) Mr. Nayyar, learned counsel for respondent No. 48, also vehemently opposes this application substantially on the ground that all affected parties, which are necessary to determine the point in controversy between the parties, have not been imp leaded by the petitioners in this application and will lead to avoidable litigation and therefore such an amendment should not be allowed unless the petitioners implead other officers. In my opinion, this objection is wholly fallacious as it is for the petitioner to choose as to who should be imp leaded as parties and in case he fails to implead the necessary parties in the writ petition, the writ petition will fail. Moreover in order to determine as to whether who is the affected party, this is not the stage at which the matter should be considered. This matter can be considered at the time of regular hearing of the matter and in case .the petitioners fail to implead the necessary parties in the writ petition they will face the necessary consequences.
(7) I, therefore, allow this application subject to payment of a sum of Rs. 1000.00 as costs to respondents 1 & 2. Amended petition filed with this application is taken on record.
(8) Copy of complete amended writ petition be supplied to counsel for the opposite parties who may file reply within six weeks. Rejoinder, if any, be filed within six weeks thereafter.