K. Vivek Kumar vs Union Of India & Anr.

C. Hari Shankar, J.

The petitioner, who has been presently granted seniority w.e.f. 2018, seeks ante-dating of seniority w.e.f. 20 January 2014.

Persons who have been appointed between 2014 and 2018 who would be affected have not been made parties.

To our mind, a petition without impleading parties in such case would not lie. Those persons whose seniority, vis-à-vis the petitioner(s) would be affected, have to be made parties before the Court adjudicates on the lis, is settled by a wide swathe of authorities, including State of Rajasthan v Ucchab Lal Chhanwal^{11.(2014) 1 SCC 144}, Vijay Kumar Kaul v Union of India^{22.(2012) 7 SCC 610}, Indu Shekhar Singh v State of U.P.^{33.(2006) 8 SCC 129}, J.S. Yadav v State of U.P^{44.(2011) 6 SCC 570} and Padam Singh Jhina v Union of India^{55.(1974) 1 SLR 594 (SC)}.

Accordingly, the writ petition is dismissed with liberty to the petitioner to reinstitute the petition after impleading necessary parties.

We direct the respondents to inform the petitioner, within a week from today, about persons who may have been promoted as Constable (GD) between 2014 and 2018 and who would be affected by the reliefs sought in this petition so as to enable the petitioner to implead the said persons if so advised, were the petitioner to institute a fresh writ petition.