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SUPREME COURT OF INDIA
A.M. Ahmadi, C.J.I. and M.K. Mukuerjee and S.B. Majmudar, JJ.
Chief Administrator - Appellant
Versus
Abhaya Charan Mishra (Dr.) - Respondent
Civil Appeal No. ........of 1996
Decided On : 25-03-1996
ORDER :
1. Special leave granted.
2. It appears that in the earlier petition filed by the respondent, OA No. 7 of 1988, that very relief was sought, but the same was not granted, in that, there was no reference to that relief. Counsel for the respondent says that it was on account of the fact that it was not pressed. Be that as it may, the relief was sought in view of Explanation V to Section 11 of the Code of Civil Procedure. Therefore, if the relief is sought and was not granted by the Court for whatever reason, a fresh petition seeking the very same relief could not have been entertained. We are, therefore, of the opinion that the Tribunal was in error in entertaining the second petition and granting the relief which was not granted in the earlier petition merely because in the judgment of the earlier petition, there is no reference to that relief. The rule of res judicata should apply in such cases. We, therefore, allow this appeal, set aside the order of the Tribunal and direct that the relief in regard to salary on the principle of equal pay for equal work granted by the Tribunal was not admissible to the respondent. There will be no order as to costs.
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