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1998 Supreme(SC) 446

SUPREME COURT OF INDIA
MOHD. SAFDAR ALI
Vs.
Union of India
Decided on April 2, 1998

A concluded judgment of the court cannot be recalled and reconsidered afresh after a long period of time, even if it was based on an incorrect premise, unless there are exceptional circumstances.

Headnote:

SERVICE LAW - SENIORITY - RULE 10 OF THE CENTRAL CIVIL SERVICES (CLASSIFICATION, CONTROL AND APPEAL) RULES, 1965 - SENIORITY LIST - ALTERATION - EFFECT OF EARLIER JUDGMENT OF THE COURT - RECALL OF EARLIER JUDGMENT - POWER OF THE COURT UNDER ARTICLE 142 OF THE CONSTITUTION - SCOPE.

Fact of the Case:

Appellants, who were Assistant Compilers in the Census Organisation, claimed seniority over Respondents 5, 6, 7, and 8 in the cadre of Statistical Assistant. The appellants joined the organisation in May-June 1970, while Respondents 5, 6, and 7 were appointed on 2-6-1970, and Respondent 8 was appointed on 22/7/1970. Recruitment rules came into force in 1973, and a Departmental Promotion Committee was constituted to regularise the services of ad hoc promotees. Respondents 7 and 8 were reverted from Statistical Assistant to Computer after the recruitment rules came into force. The appellants challenged the reversion order before the tribunal, which rejected their claim. The appellants then filed a civil appeal in the Supreme Court, which quashed the reversion order and directed that Respondents 7 and 8 be deemed to be continuing in service as Statistical Assistants. The seniority list was altered accordingly, and Respondents 7 and 8 were shown senior to Respondents 5 and 6. Respondents 5 and 6 approached the Central Administrative Tribunal claiming seniority over Respondents 7 and 8, and the tribunal allowed their applications. The appellants then approached the tribunal claiming that the seniority list should not have been altered to their detriment, but the tribunal dismissed their application. The appellants then filed the present appeals.

Finding of the Court:

The Supreme Court held that the earlier judgment of the court in Civil No. 3819 of 1989, which quashed the reversion order of Respondents 7 and 8, proceeded on an incorrect premise as to the recommendation of the Departmental Promotion Committee before giving ad hoc promotion to Respondents 7 and 8. However, the court held that it would not be proper to reopen the matter afresh at this length of time, as the earlier judgment was passed 9 years before. The court also held that even if the ad hoc period in the post of Statistical Assistants was considered, the appellants could not claim seniority over the respondents, as they were promoted to the post of Statistical Assistant later than Respondents 7 and 8, even on an ad hoc basis.

Issues: 1. Whether the earlier judgment of the court in Civil No. 3819 of 1989, which quashed the reversion order of Respondents 7 and 8, can be recalled and reconsidered afresh due to an incorrect premise. 2. Whether the appellants can claim seniority over the respondents by considering the ad hoc period in the post of Statistical Assistants.

Ratio Decidendi: 1. The court held that it would not be proper to recall and reconsider afresh the earlier judgment of the court in Civil No. 3819 of 1989, which quashed the reversion order of Respondents 7 and 8, as the judgment was passed 9 years before and the matter had been concluded. 2. The court held that even if the ad hoc period in the post of Statistical Assistants was considered, the appellants could not claim seniority over the respondents, as they were promoted to the post of Statistical Assistant later than Respondents 7 and 8, even on an ad hoc basis.

Final Decision: The appeals were dismissed with no order as to costs.

( 1 ) THESE appeals are directed against the judgment of the central administrative tribunal, Patna bench, before whom the appellants had claimed seniority over Respondents 5, 6, 7 and 8 in the cadre of Statistical assistant under the Census Organisation. In the Census Organisation, the hierarchy of posts starts from Assistant Compiler and then Computer, statistical Assistant, Tabulation Officer and then Investigator. The appellants joined the organisation as Assistant Compilers in May-June 1970; whereas respondents 5, 6 and 7 were also appointed as Assistant Compilers on 2-6-1970 and Respondent 8 had been appointed on 22/7/1970. There were no recruitment rules then in force, and persons were promoted on ad hoc basis to the posts of Computers and then also to Statistical Assistants. The recruitment rules came into force in the year 1973. After the recruitment rules came into force, the government took the task of considering the cases of all ad hoc promotees in different ranks by constituting a Departmental promotion Committee, and on the basis of the recommendation of the said departmental Promotion Committee, regularised the services of different employees in different ranks. As a result of such steps taken by the government and as a result of the process of selection held by the departmental Promotion Committee, Respondents 7 and 8 were reverted from the post of Statistical Assistant to the post of Computer. It may be stated that in the gradation list which had been published prior to the rules coming into force as well as even after the rules coming into force, the appellants had been shown senior to the respondents. In the gradation list of statistical Assistants, which was published on 1/1/1986, only Appellant 1 had been shown and Respondents 5 to 8 had not been shown, though they had been recruited by that date. The reversion order of the second respondent as aforesaid was challenged before the tribunal, but the tribunal rejected their claim. The matter was then carried to this court in Civil appeal No. 3819 of 1989. By judgment dated 6/9/1989, this court came to the conclusion that since the two appellants before this court, who are respondents 7 and 8 in the present proceedings, had been promoted to the post of Statistical Assistants after going through a process of selection by a departmental Promotion Committee, then the question of reconsideration of their case by another Departmental Promotion Committee was not justified. In this view of the matter, the order of reversion was quashed and it was directed that those appellants shall be deemed to be continuing in service in the post of Statistical Assistants. In giving effect to the aforesaid judgment, the seniority list stood altered and these Respondents 7 and 8, who were the appellants in the earlier proceedings, were shown senior to Respondents 5 and 6. The said Respondents 5 and 6 approached the central Administrative tribunal claiming that since they were senior to Respondents 7 and 8 in the previous gradation list, they must also be held to be senior to them in the altered list and the tribunal allowed their applications. Needless to mention that neither in the earlier proceedings when Respondents 7 and 8 challenged the order of reversion nor in the subsequent proceedings before the tribunal, when Respondents 5 and 6 claimed seniority in the gradation list, the present appellants had not (sic) been arrayed as parties. Being aggrieved by the gradation list that was amended on 25/2/1991, the appellants approached the tribunal claiming, inter alia, that the respondents should not have been granted seniority over them and they not being parties to the earlier proceedings, the seniority list which stood valid from 1974 should not have been altered to their detriment and therefore appropriate direction be issued. The tribunal, however, being of the opinion that the seniority list stoodaltered because of the earlier decision of this court in Civil No. 3819 of 1989, d



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