Union Of India And Ors vs Union Of India & Others (Supra) on 18 November, 2014
8. The question remains to be answered is as to
whether the applicant is entitled to be placed in the HS
Grade II w.e.f. 24.2.1997 or w.e.f. 15.10.1984. Even though
the respondents have now taken a plea that the applicant in
the category of instrument repairer could be given higher
grades according to the percentage of vacancies and
seniority but this plea was not taken by the respondents in
the earlier O.A. filed by the applicant. Once the applicant
was equated with the applicants in the O.A. in the case of
Dhian Singh vs. Union of India & others (supra), obviously
he became entitled to the benefits flowing from the said
order to the extent that applicant has to be granted benefit of
HS Grade II w.e.f. 15.10.1984. The issue stands settled in
favour of the applicant and cannot now be re-opened.