NDLI: Neelima Srivastava Vs. The State of Uttar Pradesh & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Service law: Regularisation of service
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Service law: Regularisation of service – Entitlement to – Appellant appointed as temporary Music Teacher on a leave vacancy – Appointment was to last till the permanent incumbent re-joined the service – Incumbent employee never returned and the appellant continued in service from 1984 to 2021 – In between, the terms of the appointment order were modified by providing that the appointment was to last till the regular incumbent joined back or 20.05.1986, whichever was earlier and order was issued dispensing with the services of the appellant, however, the High Court stayed the operation of the said order – Appellant then sought regularisation in accordance with the Regularisation Rules but no action taken – Writ petition by the appellant – Single Judge held that the appellant would continue on her post and her case shall be considered for regularization – Said judgment attained finality – Subsequently, appellant’s claim for regularization rejected – Appellant filed another writ petition before the High Court, wherein the Single Judge allowed her writ petition holding that since the earlier order of the Single Judge attained finality, refusal to apply Regularisation Rules, 2001 was unlawful – In terms thereof, the State regularised services of the appellant – In appeal, there against, the Division Bench held that since the appellant continued on the post on the basis of the interim order passed by the High Court in earlier round of litigation, her appointment is litigious appointment and thus she had no enforceable right to hold the post legally – On appeal, held: Appointment of the appellant can only be construed as irregular and not illegal – Rejection of her claim for regularization on the ground of her appointment being illegal is patently erroneous – Judgment which attained finality crystallized the right of the appellant for regularization – It is not permissible for the parties to re-open the concluded judgments of the Court as the same tantamounts to an abuse of the process of the Court andhas far reaching adverse effect on the administration of justice – Further, the writ Petition cannot be filed collaterally to set aside the judgment of the same High Court rendered in an earlier round of litigation ignoring the principles of res-judicata and doctrine of finality – Thus, the judgment passed by the Division Bench not sustainable and set aside – Appellant entitled to be regularised with all consequential benefits. Judgment/Order: Over-ruling a principle and reversal of the judgment – Explanation of – Held: There is a distinction between the two – Judgment itself has to be assailed and got rid of in a manner known to or recognized by law – Mere over-ruling of the principles, on which the earlier judgment was passed, by a subsequent judgment of higher forum will not have the effect of uprooting the final adjudication between the parties and set it at naught – Mere over- ruling of the principles by a subsequent judgment will not dilute the binding effect of the decision on inter-parties. E Re-opening of a concluded judgment – Permissibility of – Held: It is not permissible for the parties to re-open a concluded judgment of the Court – It may tantamount to an abuse of the process of the Court and also have
Judge	Hon'ble Mr. Justice Krishna Murari
Neutral Citation	2021 INSC 410
Petitioner	Neelima Srivastava
Respondent	The State Of Uttar Pradesh & Ors.
SCR	[2021] 8 S.C.R. 167
Judgement Date	2021-08-17
Case Number	4840

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Neelima Srivastava Vs. The State of Uttar Pradesh & Ors.

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