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1982 Supreme(Del) 95

AVADH BEHARI ROHATGI, LEELA SETH
MUNICIPAL CORPORATION OF DELHI – Appellant
Versus
RAM LAL MALIK – Respondent


Advocates Appeared:
A.K.JAIN, B.R.CHAUHAN, D.D.Chawla, DINESH AGNANI, H.D.SHIKARI, J.K.MEHRA, K.S.Sidhu, LALIT BHARDWAJ, Nishi Puri, R.B.DATAR, S.S.RAY, URMILA KAPUR

AVADH BEHARI ROHATGI, J.

( 1 ) THESE are two appeals under Clause 10 of the Letters Patent from the order of a learned single judge dated 11th February. 1981. At the conclusion of the hearing on March 23, 1982 we announced our orders. We allowed the appeals. We dismissed the writ petition. We left the parties to bear their own costs Now we give our reasons.

( 2 ) THESE are the facts. On May 22, 1979 two assistant engineers of the Municipal Corporation of Delhi (the Corporation), Ram Lal Malik and 1. C. Gupta, brought a writ oetition under Article 226 of the Constitution against the Corporation and its Commissioner. These two petitioners challenged the final seniority list notified on January 30, 1975 and asked that the said seniority list be quashed by a writ of certiorari.

( 3 ) THIS writ petition was contested by the Corporation. Among other pleas the Corporation raised the objection that the writ petition was not competent in the absence of all those who were likely to be affected by the decision of the writ petition. The petitioners took the stand that it was not necessary to implead other persons. The writ petition was then heard by the learned judge. He quashed the seniority






















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