SARAT CHANDRA MISHRA AND ORS. versus STATE OF ORLSSA AND ORS.

SARAT CHANDRA MISHRA AND ORS. versus STATE OF ORLSSA AND ORS.

The Tribunal's order on seniority and the 1984 gradation list, not challenged by the State or majority of applicants, became final; thus, the principle of res judicata applied and the issue could not be reopened. Liberty granted on dismissal of the SLP was only for individual distinct causes, not for reopening the settled gradation list.

Parties
Appellants: Sarat Chandra Mishra and Ors.; Respondents: State of Orissa and Ors.
Jurisdiction
India
Judgment Date
03 January 2006
Procedural Posture
Civil Appeal / Final Supreme Court Appeal
Outcome
Appeal dismissed
Legal Topics
Res Judicata, Seniority, Gradation List, Article 142 Constitution of India
Civil Procedure Res Judicata Seniority Gradation List Article 142 Constitution of India

Case Brief

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Parties

Sarat Chandra Mishra and Ors.

Appellants

State of Orissa and Ors.

Respondents

Procedural Posture

Civil Appeal / Final Supreme Court Appeal

Legal Issues

  1. 1 Whether the issue of seniority and validity of the 1984 gradation list can be reopened after the Tribunal's order attained finality
  2. 2 Applicability of the doctrine of res judicata to proceedings before the Tribunal

Ratio Decidendi

The Tribunal's order on seniority and the 1984 gradation list, not challenged by the State or majority of applicants, became final; thus, the principle of res judicata applied and the issue could not be reopened. Liberty granted on dismissal of the SLP was only for individual distinct causes, not for reopening the settled gradation list.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs