RAJESH KUMAR Vs. UOI

JUDGEMENT

(1.) IMPUGNED order dated July 21, 2006 disposing of O.A.No.1506/2005 has held the claim to be barred by limitation and constructive res judicata.

(2.) AT an earlier round of litigation when O.A.No.2203/2001 filed by the petitioner was disposed of by the Tribunal on July 01, 2003, direction issued was to implement Dr.Seshagiri Committee 's recommendations pertaining to the pay scales with effect from January 01, 1986 and not September 11, 1989.

(3.) SUFFICE would it be to state that as opined by the Supreme Court in the decision reported as AIR 1964 SC 1810 Gurbax Singh vs.Bhura Lal, a plea of res judicata must make out that the second proceeding was in respect of the same cause of action on which the earlier proceeding was founded and that in respect of that cause of action the claimant was entitled to more than one relief and that being entitled to more than one relief, without leave obtained from the Court, the claimant omitted to sue for the relief now claimed. The pleadings must refer to the earlier pleadings and the same need to be filed to make good the plea.