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Showing contexts for: backdated promotion in Manohar Lal vs North Delhi Municipal Corporation ... on 22 March, 2021Matching Fragments
4. Respondents have cited three judgments, namely Union of India & Ors. Vs. K. K. Vadera & Ors. in 1989 Supp (2) SCC 625, OA No. 812/2014 in Shishu Pal Singh Vs. Medical Superintendent Safdarjung Hospital & Ors. and O.A N. 4085/2015 in Smt. Manju Seth Vs. UOI & Ors.
5. Heard Mr. Sourabh Ahuja, learned counsel for applicant and Mr. M. S. Reen for respondent no. 1, Mr. R. K. Jain with Ms. Neha Bairagee for respondents no. 2, 3 and perused the records.
6. The first point to be considered is whether all necessary parties have been impleaded. Respondents have raised the objection that if year wise DPCs are conducted for promotion of the applicant with backdate, then, the seniority list at respective levels will have to be revised. This will impact several persons who may be above the applicant in terms of seniority. None of these have been impleaded as parties. In the case of Rajan Kumar & Ors. Vs. State of Bihar and Ors., (supra), the Hon'ble Apex Court has clearly ruled that no adverse orders can be passed against those who are not made parties. On this ground alone, this O.A is liable to be dismissed.