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South Central Railway Employees Co-operative Credit Society Employees Union v. B. Yashodabai

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 7130 of 2002)Decided 8 Dec 2014
Civil Appeal No. 7130 of 2002
Justice Anil R. Dave · Justice Madan B. Lokur · Justice Kurian Joseph

Background

The Supreme Court had already held that the credit society's service rules did not provide reservation in promotions, and a review had been rejected. The society consequently reverted employees promoted under the disputed reservation policy. Those employees persuaded the High Court to set the reversions aside on grounds said to have been overlooked earlier.

Decision Breakdown

The Supreme Court allowed the union's appeal and set aside the High Court's judgment. The applicable promotion rules had not changed, and the earlier Supreme Court decision had become final. A lower court could not disregard that decision as having overlooked provisions or being per incuriam, and could not undo the orders issued to implement it. The result restored the society's implementation of the earlier ruling; the judgment concerned this society's rules and the binding effect of that final decision.

Lesson Learnt

A final Supreme Court ruling cannot be reopened in a lower court simply by presenting arguments omitted earlier. Challenges must use the available appellate or review process, while an unchanged binding ruling governs its implementation.

Official source (sci.gov.in)View Judgment (PDF)

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