Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Judgment |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Judgment - Finality of - Judgment of Court - Party not challenging the same in appeal - Filing subsequent new writ petition claiming relief contrary to the judgment - Placing reliance on order of Court passed in appeal filed by the opposite party - Held: Such relief not permissible, party having accepted finality of the judgment by not preferring appeal thereagainst - In the facts of the case doctrine of Merger also not applicable - Service Law - Grant of Service benefits Doctrine of Merger.Doctrine - Doctrine of Merger - Applicability of.Appellants, employed as temporary Pump Operators in Calcutta Metropolitan Development Authority, were transferred to the Calcutta Municipal Corporation on the post of Turn Clock. Appellants filed a Writ Petition stating that the post of Turn Clock being a lower post, they had a legitimate claim of being appointed as a Fitter Driver. Single Judge of High Court directed the authorities to offer them suitable equivalent post. The authorities, after interpreting the judgment denied the claim.Appellants filed another writ Petition claiming equivalent post and the same was allowed by Single Judge of High Court by order dated 8.1.1992, but the benefits were directed to be given from the date of filing of the Writ Petition and not from earlier date. Appellants did not prefer any appeal thereagainst. The appeal of the Corporation was dismissed by Division Bench of the High Court. The Special leave Petition thereagainst was also dismissed.Appellants filed Contempt Petition against the authorities of the corporation and the same was disposed of. The authorities posted the appellants on the equivalent post with back date, but the consequential benefits were granted with effect from the date of filing of the application as per the order dated 8.1.1992. Appellants filed another Contempt Petition, which was dismissed with liberty to file a separate Writ Petition. Appellants filed the Writ Petition, but the same was dismissed by Single Judge as well as Division Bench of High Court. Hence the present appeal. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2007 INSC 1015 |
Petitioner | Swapan Dhar And Ors. |
Respondent | State Of West Bengal And Ors. |
SCR | [2007] 10 S.C.R. 785 |
Judgement Date | 2007-10-08 |
Case Number | 4767 |
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