B.N. SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition lays a challenge to an order dated January 13, 2023 passed by the Central Administrative Tribunal, Principal Bench, New Delhi ('Tribunal', for short) in OA 3589/2022, whereby the Tribunal has allowed the OA filed by the respondent No.4 herein by stating in paragraphs 8 & 9 as under:

(2.) At the outset, it may be stated here that the petitioners herein were not party in the OA 3589/2022 and they have filed the present petition on the ground that because of the impugned judgment of the Tribunal their seniority has been affected and the same could not have been done without making them party in the OA as it is a settled law that a civil right cannot be affected without granting hearing.

(3.) The facts that are noted from the record are, in the year 1985, the criteria of promotion from the post of Assistant Surveyor of Works ('ASW', for short) to Surveyor of Works ('SW', for short) has been prescribed in the Military Engineering Services (Surveyor of Works Cadre) Recruitment Rules, 1985 to mean ASW with four years regular service in the grade and has passed the final examination of the Institution of Surveyors (India) or equivalent.