Rajasthan High Court - Jaipur
Jamuna Prasad S/O Late Shri Sukh Ram vs Union Of India (2025:Rj-Jp:5896-Db) on 11 February, 2025
[2025:RJ-JP:5896-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Writ Petition No. 4667/2022
Jamuna Prasad S/o Late Shri Sukh Ram, Aged About 66 Years,
R/o 52/203, Sector 5, Pratap Nagar, Sanganer, Jaipur, Presently
Working As Scientific Officer E, Atomic Minerals Directorate,
Pratap Nagar, Jaipur, Now Retired And At House No. 317,
Engineers Colony, Quarsi By Pass Road, Quarsi, Aligarh, U.p.
202001.
----Petitioner
Versus
1. Union Of India, Through The Chairman, Atomic Energy
Commission And Secretary To The Government Of India,
Department Of Atomic Energy, Anushakti Bhawan,
Chhatrapati Shivaji Maharaj Marg, Mumbai.
2. The Director, Atomic Minerals Directorate For Exploration
And Research, Department Of Atomic Energy, 1-10-153-
156, Begum Pet, Hyderabad.
3. The Regional Director, Atomic Minerals Directorate For
Exploration And Research, Western Region, Department
Of Atomic Energy, Sector-5, Extension Pratap Nagar,
Sanganer, Jaipur.
4. Shri Pratap Singh Parihar, Director, Atomic Minerals
Directorate For Exploration And Research, Department Of
Atomic Energy, 1-10-153-156, Begum Pet, Hyderabad,
Now Retired And Through The Director, Atomic Minerals
Directorate For Exploration And Research, Department Of
Atomic Energy, 1-10-153-156, Begum Pet, Hyderabad-
500016.
5. Shri G.s. Sharma, Scientific Officer-G, Western Region,
Atomic Minerals Directorate For Exploration And Research,
Department Of Atomic Energy, Sector 5 Extension, Pratap
Nagar, Sanganer, Jaipur Now Retired And At 60/43,
Sector-6, Pratap Nagar, Sanganer, Jaipur-302033.
----Respondents
For Petitioner(s) : Ms. Parinitoo Jain
For Respondent(s) : Ms. Manjeet Kaur with
Ms. Disha Jain
Ms. Nidhi Khandelwal with
Ms. Anshu Kanwar
HON'BLE MR. JUSTICE AVNEESH JHINGAN
HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order (Downloaded on 17/02/2025 at 10:02:32 PM) [2025:RJ-JP:5896-DB] (2 of 4) [CW-4667/2022] 11/02/2025 AVNEESH JHINGAN, J (ORAL):-
1. This petition is filed seeking quashing of order dated 24.12.2021 passed by Central Administrative Tribunal, Jaipur (for short 'the Tribunal') dismissing the O.A. No.645/2014 titled as Jamuna Prasad versus Union of India & Ors.
2. The brief facts are that the petitioner in the year 1980 joined the department of Atomic Energy as Scientific Assistant 'B'. On 01.02.2001, petitioner was promoted to post of Scientific Officer 'E'. The petitioner was not given promotion to the post of Scientific Officer 'F'. The representation of the petitioner raising a grievance for not granting promotion to the post of Scientific Officer 'F' was rejected as the petitioner was not eligible due to adverse ACRs. On 06.09.2010, the adverse ACRs for the period from 01.12.2007 to 30.11.2008 were communicated to the petitioner. The representation dated 29.09.2010 filed by the petitioner was rejected on 16.11.2010. The petitioner failed in appeal filed against the rejection of the representation. Aggrieved of dismissal of appeal O.A. No.15/2012 was filed before the Tribunal. On 21.09.2012, the O.A. No.15/2012 was disposed of quashing the order rejecting the representation and the appellate order. The respondents were directed to supply the documents demanded by the petitioner. The petitioner was to file a detailed representation within fifteen days of receipt of documents. The representation filed by the petitioner on receipt of the documents was rejected on 12.03.2013. The appeal against the rejection order was dismissed on 30.12.2013. The petitioner filed O.A. No.645/2014 against the (Downloaded on 17/02/2025 at 10:02:32 PM) [2025:RJ-JP:5896-DB] (3 of 4) [CW-4667/2022] orders dated 12.03.2013 and 30.12.2013. The Tribunal dismissed the O.A. applying res judicata holding that issue raised has already been decided in O.A. No.15/2012.
3. Learned counsel for the petitioner submits that the earlier orders rejecting the representation and dismissing the appeal were set aside by the Tribunal vide order dated 21.09.2012 and the challenge in O.A. No.645/2014 was to the orders passed subsequent to the decision of the Tribunal.
4. As per contra, the issue in both the litigations was with regard to challenge to the adverse ACR entries.
5. The prerequisite for applying res judicata was enunciated by the Supreme Court in the case of Syed Mohd. Salie Labbai (Dead) by L.Rs. and Ors. Vs. Mohd. Hanifa (Dead) by LRs. and Ors. reported in (1976) 4 SCC 780:-
"7. *** *** *** it may be necessary to mention that before a plea of res judicata can be given effect, the following conditions must be proved-
(1) that the litigating parties must be the same; (2) that the subject-matter of the suit also must be identical;
(3) that the matter must be finally decided between the parties; and (4) that the suit must be decided by a court of competent jurisdiction."
6. The petitioner in O.A. No.15 of 2012 posed challenge to the orders dated 16.11.2010 and 12.08.2011 rejecting the representation and dismissing the appeal respectively. The petitioner was successful and the impugned orders were quashed. In pursuance to the directions of the Tribunal, after receiving documents, fresh representation was filed, which was rejected on (Downloaded on 17/02/2025 at 10:02:32 PM) [2025:RJ-JP:5896-DB] (4 of 4) [CW-4667/2022] 12.03.2013. The petitioner availed remedy of appeal and on dismissal of appeal on 30.12.2013, O.A. No.645/2014 was filed.
7. The subject matter of both the OAs were different though the initiating point of litigation is adverse ACRs. The Tribunal erred in dismissing the OA No.645/2014 on res judicata. It would be apposite to mention that the issue with regard to the adverse ACRs was not decided on merits by the Tribunal in O.A. No.15/2012.
8. The impugned order dismissing the O.A. No.645/2014 is set aside and matter is remitted back to the Tribunal to decide the OA afresh in accordance with law after providing opportunity of hearing to the parties.
9. The petition is allowed.
(PRAMIL KUMAR MATHUR),J (AVNEESH JHINGAN),J
Chandan/Arun/10
Reportable: Yes
(Downloaded on 17/02/2025 at 10:02:32 PM)
Powered by TCPDF (www.tcpdf.org)