SC: Mere Oversruling Of Principles By A Subsequent Judgement Will Not Dilute Binding Effect Of Decision On Inter-Parties

Background

• The name of the case was Neelima Sreevastava v. State of Andhra Pradesh.
• The Allahabad High Court had issued directions to the State for regularizing the appellant under Regularization Rules, which was not challenged by the State.
• After the Supreme Court judgement in Secretary, State of Karnataka v. Umadevi, the State filed a writ petition which was dismissed by the single bench.

Court’s Observation

• In the Umadevi judgement, no guidelines have been given to reopen the concluded service matters.
• The High Court went for hearing of the case as if it was an appeal against the decision of the Single Judge and not as a concluded case.
• A judgement of the Supreme Court that has already attained finality is not permitted to be reconsidered.

Decree of the Court

• The appellant was entitled to be regularized with the consequential benefits.
• Overruling of the principles on the basis of which a judgement has been passed would not uproot the adjudication of the matter between the parties.
• There is a distinction between overruling and reversal; the decision cannot be reversed when it is only overruled.

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