R VELAMBAL Vs. R PALANISAMY HEADMASTER MUNICIPAL MIDDLE

JUDGEMENT

(1.) HEARD the arguments of Mr. K. Thennan, learned counsel appearing for the petitioner, Mr. R. Singaravelan, learned counsel for the first respondent and Mr. M. Dhandapani, learned Special Government Pleader representing the respondents 2 to 7 and have perused the records.

(2.) THE petitioner is aggrieved by the common order dated 15.11.2002 passed by the Tribunal in O.A. No. 5282 of 2002 and O.A. No. 4745 of 1995. While the first respondent filed O.A. Nos. 4745 of 1995 and 3487 of 2001 before the Tribunal seeking to set aside the order of the official respondents and to promote him as Tamil Pandit from the year 1991 and also to place his name above the petitioner in the list of Headmasters of Middle Schools, the petitioner filed O.A. No. 5282 of 2002, threatened by reversion from the post of Headmistress to that of Tamil Pandit by the order of the respondents dated 13.9.2002 and claimed that her seniority should be restored and that she should not be reverted.

(3.) IN this context, it is relevant to refer to the decision of the Supreme Court in Premier Tyres Ltd v. Kerala State Road Transport corporation [1993 Supp (2) SCC 146] wherein it was held that if two connected suits are filed together and when the finding recorded in one suit became final in the absence of any appeal, the appeal preferred against the finding recorded in the other suit will be barred by res judicata. The following passage found in paragraphs 4 and 6 of the said judgment may be usefully extracted below:-