M.A. No. 433/2011 in O.A No. 350 of 2011. Case: Brig Stephen Jude Gracias Vs Union of India and Others. Armed Forces Tribunal

Case NumberM.A. No. 433/2011 in O.A No. 350 of 2011
CounselFor Appellant: Mr. K. Ramesh, counsel and For Respondents: Mr. R. Balasubramanian, counsel and Mr. Sudhir Mittal with Mr. Ankit Swarup counsels
JudgesMr. Manak Mohta, Judicial Member and LT. Gen. M.L. Naidu, Administrative Member
IssueCivil Procedure Code (CPC) - Section 151 - Order 1, Rule 10
Judgement DateNovember 22, 2011
CourtArmed Forces Tribunal

Order:

(New Delhi)

M.A. No. 433 of 2011

  1. This Miscellaneous Application for impleading the party respondents under Order 1 Rule 10 read with Section 151 CPC was filed by Brig A.K. Sapra and four others in context of OA No. 350/2011 for which the judgment was reserved. Notice of this M.A. was given to parties concerned. The present OA filed by the applicant is concerned with the NDC-52 course. In that OA, an interim order was also issued on 12.10.2011.

  2. The applicants vide this M.A. have stated that they all have been shortlisted for consideration for nomination to NDC-52 course commencing in January 2012. The OA relates to the vacancies for Corps of Engineers in which a total of four vacancies are earmarked. Results for three vacancies have been announced and outcome of one vacancy has been withheld consequent to the interim order passed by the Tribunal in OA No. 350/2011 dated 12.10.2011.

  3. That since the officers were in the zone of consideration for the 4th vacancy, the applicants are vitally interested in the outcome of the OA. NDC Course is an important career milestone, on qualifying an officer is entitled to a weightage of 0.75 marks for promotion to the next rank of Major General. The applicants have come to know about the present OA when the result of the 4th vacancy was not declassified.

  4. In case the 4th vacancy is given to Brig Gracias, the applicant in OA No. 350/2011, the career prospects of one of the applicants in this M.A. would be seriously prejudiced. Therefore, it is prayed that the applicants be impleaded as a party to the respondents in the OA No. 350/2011.

  5. Learned counsel for the applicants stated in M.A. that since the applicants are "affected parties? it is important that they be impleaded as proper parties as respondents. It was contended that their presence and assistance will be useful in deciding the main case. He further argued that prayer in the OA is that the profile of Brig Gracias be examined vis-a-vis, the officers attending the NDC-51 and should his profile be above the officers attending the course, he should be nominated to NDC-52.

  6. Learned counsel for the applicants further argued that Brig Gracias got his "first look? for selection to NDC-50, but unfortunately was withdrawn because of medical considerations. He also got a "second look? in October 2010 for NDC-51. However, since Brig. Gracias was LMC at that point of time, he was ineligible; therefore, he forfeited his "second look?. Thus...

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