Change of petitioners in a service matter case in high court
jsingh
(Querist) 26 December 2016
This query is : Resolved
sir,
I want to know that is it possible to change/include the petitioner's name in a case.
case history- after 6 CPC recommendations.M/O Information &Broadcasting notified the merger of Gr.grade of IIS with senior grade of IIS(pay scale-5500 and 6500).after three years, ministry again d emerge this grade and recruit Gr. grade.then present association(with names of office bearers) goes to CAT.now case was in Delhi high court where outgoing president of association withdraw the case.and court dismiss the case on this ground.but then association office bearers want to peruse the case, because case in the name of these office bearers.
my query-is it possible that after withdrawing by present association,whether actual petitioners can peruse the same case
Rajendra K Goyal
(Expert) 28 December 2016
Case file need to be referred, discuss with your lawyer.
ramesh
(Expert) 28 December 2016
President of the association has signed duly after the members have agreed for the suit. As such remaining members can pass resolution duly nullifying the withdrawal of the suit by President of the association. Thus proving the out going President of the association has done anything only in the capacity of an individual. You can agitate before the CAT and reopen.
krishna mohan
(Expert) 05 January 2017
CAT normally entertains individual representations/case or buch of officers. If association has filed, it is represented by the President in his official capacity, backed by the resolution of office bearers/members. If President has withdrawn unilaterally without the consent of members or office bearers, it can be represented before CAT by your counsel on the validity of withdrawal itself.
