SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1992 Supreme(SC) 668

SUPREME COURT OF INDIA
J.S. VERMA AND Dr. A.S. ANAND, JJ.
Junior Telecom Officers Forum and others, Petitioners
Versus
Union of India and others, Respondents.
T.P. (Civil) No. 417 of 1992 in W.P. (Civil) No. 460 of 1992 with S.L.P. (Civil) Nos. 9063-64 of 1992
Decided on 18-9-1992.

Advocates:
ARUN JAITLEY, ASHOK DESAI, GOBINDA MUKHOTY, JATINDER SETHI, LALITA KAUSHIK, MINAKSHI ARORA, Naresh Kaushik, R.F.NARIMAN, SHANKARIVATE

Headnote:Res Judicata#23;ISSUE AND CONTROVERSY HAVING BECOME FINAL AND SETTLED AND BINDING IN RESPECT OF QUESTION DEBATED

       - it cannot be agitated again by coming under the #19;cloak#20; of a forum, as held in the case of

JUDGMENT

Dr. A. S. ANAND, J.:—Junior Telecom Officers Forum (for short Forum) through Shri Satpal Batra claiming to be the President of the Forum has filed Special Leave Petition Nos. 9063-64 of 1992 against the order of the Central Administrative Tribunal, Principal Bench, New Delhi refusing Intervention Application of the petitioner in O.A. No. 2407 of 1988 vide an order dated 22-4-1992 : Transfer Petition (Civil) No.417 of 1992 seeking transfer of various petitions pending in different benches of the Tribunal to this Court under Art. 139A(i) of the Constitution of India and Writ Petition (Civil) No. 460 of 1992. Mr. Ashok Desai, the learned senior advocate appearing for the petitioners in till the cases requested for the writ petition to be taken up for consideration, since, the issues involved in the writ petition and the special leave petitions are the same. We shall, accordingly, first take up the writ petition for consideration. The relief prayed for in the writ petition is as follows :

"(a) Issue a Writ in the nature of mandamus or any other appropriate writ, order or direction directing the respondents to give effect to the TES (Class II) Recruitment Rules 1966, memorandum dated 28-6-1966 and other such memorandum issued thereunder for the period 15-6-1966 to 6-5-1981 along with the TES (Group B) Recruitment Rules 1981 and amendments thereto. as promulgated under proviso to Art. 309 of the Constitution of India w. e. f. 7-5-19.81 onwards;

AND

(b) Issue a Writ in the nature of mandamus or any other appropriate writ, order or direction, directing the respondents to make promotions based on to the TES (Group B) Service in conformity and in accordance with the eligibility list (Annexure-9) on the basis of (sic) the same year of recruitment separately for each year of recruitment and persons of the same year of recruitment be arranged on the basis of the exam. in that order,

AND

(c) Issue a writ in the nature of certiorari or any other appropriate writ, order or direction, declaring para 206 of the P & T Manual Volume IV to be redundant and superseded by TES (Class II) Recruitment Rules 1966 w.e.f. 15-6-1966 and quashing its applicability thereafter to TES (Group B) Service;

AND

(d) Issue a Writ in the nature of certiorari or any other appropriate writ, order or direction, quashing, varying or setting or setting aside the judgment and order dated 20-2-1985 passed by Allahabad High Court in W.P. No. 2339/81 and W.P. No. 3652/81 and set aside, vary or quash, either in part or in full, the various judgments and orders following the said judgment including this Honble Courts orders dated 8-4-1986 in SLP Nos. 3384-86/86 and dated 6-1-1992 in SLP Nos. 19716-22/91

AND

(e) Issue a writ, in the nature of Prohibition, or any other appropriate writ, order or direction restraining the respondents from revising the seniority of Cadre of TES (Group B) Officers as per Para 206 of the P & T Manual Volume IV and further restrain the respondents from reverting Assistant Engineers already promoted in accordance with the TES (Class II) Recruitment Rules 1966 and TES (Group B) Recruitment Rules 1981 and memoranda and amendments thereto respectively;

AND

(f) Issue any other such or further appropriate writ, order or direction, as this Honble Court may deem fit and proper in the facts and circumstances of this case and in the interest of justice;

AND

(g) Awards costs of the petition to the petitioners;

AND

(h) Pass such further and other orders as this Honble Court may deem fit in the facts and circumstances of the present case.

In paras H, N and O of the writ petition, it has been averred as follows:

"That dismissal of SLP by this Honble Court in P. N. Lals case and Brij Mohans case, is in all humility and with great respect a nullity and not operative as a precedent at all. Whereas P. N. Lals case and Brij Mohans case Were based on suppression of relevant rules, regulations and statutory instructions rendering the judgment vitiated and erroneous, this Honble C











































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top