State of Maharashtra & Anr. Vs. Vasant Krishnaji Chavan & Ors.
(From the judgment and Order dated 23.3.94 of the Maharashtra Administrative Tribunal, Bombay in O.A.No. 690-A of 1993)
(From the judgment and Order dated 23.3.94 of the Maharashtra Administrative Tribunal, Bombay in O.A.No. 690-A of 1993)
Res-judicata – Service matter – Seniority list quashed – Fresh seniority list prepared – Order of quashing confirmed in SLP – Writ by two direct recruits – Transferred to Tribunal – Contention raised by direct recruits that promotion to promotees in excess of quota be treated as fortuitous – Adequate number of direct recruits not available, hence promotees, promoted – Fresh challenge rejected and promotees pushed down – Similar contentions before Tribunal regarding res-judicata. Held that Tribunal rightly negatived the contention. There was no bar of res-judicata. (Paras 12 to 21)