Claims for retrospective promotion by a retired employee, following previous litigation which had already granted relief, are barred by the principles of res judicata, particularly when such claims are raised decades after the alleged cause of action.

Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Certiorarified Mandamus, quashing the order dated 30.07.2024 passed by the central Administrative Tribunal, Chennai Branch, in OA No 310/ 00816 / 2023 and direct the Respondents (i) to promote the petitioner to LSG cadre against 1/3rd quota of vacancy dated 11.12.1981 in Tambaram Dn as per petitioner's representation dated 22.10.2011 or (ii) to treat the TBOP promotion given w.e.f 30.11.1983 to the petitioner as promotion to LSG cadre as the case of Shri. K. Rajendran and Shri. R. Sargunam, and further promotions in HSG II cadre w.e.f 01.10.1991 and HSG -I cadre w.e.f 01.09.1994 (after 3 years in HSG - II as done in Odisha circle) or to promote the petitioner to LSG cadre under seniroity mode on par Smt.A.Nagammaii (SC) w.e.f 05.04.1982 and further promotions in an appropriate date as per rules after giving notional service credit and direct the respondents to recompute and disburse the difference in Pay, Pension, Gratuity, Commutation of Pension, and earned leave encashment consequent upon such revision, together with simple rate of interest of 6 percent per annum form the respective due dates and AWARD the costs of petitions and for the agony caused to the petitioner.

O R D E R

[Made by S.M.SUBRAMANIAM, J.,]

The writ petition has been instituted seeking multiple reliefs and the main relief sought for by the petitioner is to promote him to the post of Lower Selection Grade cadre against 1/3rd quota of vacancy with effect from the year 1981 based on his representation dated 22.10.2011.

2. Pertinently, the representation itself has been submitted after the retirement of the writ petitioner on 30.04.2008 and after a lapse of about 30 years from the date from which the petitioner claims retrospective promotion. The petitioner had earlier filed O.A.No.892 of 2007 before the Central Administrative Tribunal, Chennai Bench, [hereinafter “CAT” for the sake of brevity] seeking the relief of promotion. The CAT passed a final order on 07.05.2009, a portion of which reads as follows:

“The applicant has cited the findings of this Tribunal in O.A.No.528/2007 dated 10.4.2008 in support of his claim. In that O.A, also the applicant was seeking promotion to LSG Grade on the basis of his seniority in the Circle Gradation list. This Tribunal in its order dated 10.4.2008 has held that for promotion to the post of LSG, the seniority should be based on the Circle Gradation list and seniority in the Circle Gradation List will be affected only in the case of transfer from one circle to another and not in the case of transfer within the circle. The respondents themselves have conceded that the applicant is entitled for consideration for promotion to the LSG grade based on his seniority in the Circle Gradation list and the findings of this Tribunal in O.A.No.528/2007 is also to that effect only. Therefore, the respondents are directed to consider the claim of the applicant for promotion to LSG Grade on notional basis from the date of promotion of his junior inthe Circle Gradation List to that post and consider him for further promotions based on this seniority, if he is otherwise eligible. The O.A. is allowed to this extent.”

3. The said order of the CAT was implemented and the benefit of notional promotion was granted to the writ petitioner on par with his juniors. The said factual position was considered in the impugned order passed by the CAT on 30.07.2024 in O.A.No.816 of 2023. The CAT elaborately considered the issue factually and made observations as under:

"16. Moreover, the petitioner approached the Tribunal for the first time in O.A.No.892 of 2007 comparing him with one M.Murugaiah. The Tribunal granted t