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2016 (7) TMI 1308 - HC - Indian LawsWrit appeals barred by the principles of res judicata - With the threat of a UPSA getting retrenched looming large, the clamour to establish that each is an LPSA was intense - claim of the two teachers to be the LPSAs was upheld. The aggrieved two filed writ appeals. They have, however, chosen to file appeals in their own writ petitions, but not in those filed by the other teachers - Held that:- Res judicata is a common law principle of preclusion, devised to deter endless cycles of litigation; it is animated by a public policy against repetitious recourse to judicial remedies. Also of not less importance is the economy of judicial time, which can be spent on worthier causes. Three maxims can be cited as forming the foundation for this rule aimed at efficiency and finality: (a) Nemo debet lis vaxari pro eadem causa (no man should be vexed twice for the same cause); (b) Interest republicae ut sit finis litium (it is in the interest of the state that there should be an end to a litigation); and (c) Re judicata pro veritate occipitur (a judicial decision must be accepted as correct). The four elements of res judicata-a black letter law- are as follows: (a) the parties are identical or in privity; (b) the judgment in the prior action was rendered by a court of competent jurisdiction; (c) the prior action was concluded by a final judgment on the merits; and (4) the same claim or cause of action was involved in both actions. Though Section 11 of the Code of Civil Procedure consecrates this common law principle as a statutory mandate, it incontrovertibly applies to public law remedies, too, apart from civil disputes. The Courts have held that even the public interest litigation falls within its mischief and its enforcement demands vigil. Illustratively stated, on a common issue two rival contenders, let us assume, take out independent legal proceedings before a court of law. The court, we further assume, allows one and dismisses the other. The aggrieved party files one appeal. Though the initial adjudication was through one single judgment, it actually amounts to two decisions, notionally. As no appeal is filed against the other decision, the finding notionally attributable to it attains finality. In such an event, the single appeal arising out of a case dismissed or allowed, as the case may be, is hit by the principle of res judicata. As there are no appeals against W.P.filed by Rajitha K and Latha E.V. Thus, the findings in these two writ petitions have become final. The findings, as sought in W.P. include that (a) Sajithkumar is a UPSA; (b) Sajithkumar will have no claim to the post of LPSA; (c) Sajithkumar be retrenched in view of his conflicting claim; Nisha M.Nair is not entitled to be treated as an LPSA; and authorities should not post Sajithkumar as an LPSA without/before posting Rajitha. The irresistible, inescapable conclusion, to our mind, is that the above two appeals are barred by the principles of res judicata. Thus, any further discussion on the merits, we conclude, is obviated.
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