N SUNDAR Vs. UNION OF INDIA

JUDGEMENT

(1.) I. The underlying cause for lis: 1. A judicial verdict of striking down certain clauses in the decasualization scheme for Group D services adopted by the railways administration had an unsavory ramification of reversion of -regulars- who had been promoted. Two of the affected parties sought for the reliefs for restoring them to the previous grade (as Grade II Drivers) with seniority and all other attendant benefits, in the vacancies that arose prior to the order of implementation of the order of reversion by retirement of 4 permanent automobile drivers prior to the implementation of reversion dated 12.8.1996. II Disposition at the Tribunal:

(2.) CONSEQUENT on the verdict in O.A. Nos. 517/92 and 823/91 of the Central Administrative Tribunal, the petitioners and 8 others filed O.A.916/96 challenging the impending orders of reversion. The application was dismissed on 17.10.96. The O.A. Nos.55 and 278 of 99 filed by the petitioners respectively were also dismissed on the ground that the reliefs were barred by principles res judicata by the decision in O.A.916/96. The amended prayers for restoring them to the higher post by filling up the permanent vacancies that arose prior to reversion were dismissed by a finding that the relief sought for were hit by Order II rule 2 CPC in that they ought to have pressed for the reliefs even in the earlier O.A and the issue of restoration could not be reopened by filing fresh O.As. III. The litigious journey so far: