9911796707
TMI Blog2014 (12) TMI 1287X X X X Extracts X X X X X X X X Extracts X X X X ..... which has put the employees of the appellant-union to undue hardship and long-drawn litigation. 3. The South Central Railway Employees Co-Op. Credit Society (hereinafter referred to as 'the Society'), had framed rules governing service conditions of its employees and the said rules had been approved by the Registrar of Co-op. Societies, Government of Andhra Pradesh, Hyderabad. This Court, in Civil Appeal No.4343 of 1988, had decided that there was no reservation policy for the employees of the Society in the matter of promotion to higher cadre. The said decision had been taken by this Court for the reason that there was a dispute whether the policy of reservation was to be followed only at the stage of recruitment of the employees or it w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 56 of 1998 in the High Court of Andhra Pradesh. 5. It is really very strange that the writ petition challenging the aforestated order dated 12th June, 1998 was allowed and the aforestated order was quashed and set aside by the High Court on 6th August, 1998. 6. Being aggrieved by the said judgment of the Single Judge of the High Court, Writ Appeal No.1638 of 1998 had been filed by other employees of the society who had been aggrieved by the wrongful promotions given by the Society on the basis of the reservation policy. The said Writ Appeal had also been dismissed by the Division Bench of the High Court by an order dated 14th August, 2002. 7. The present appeal has been filed by the appellantsemployees who are aggrieved by the judgment d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... had taken advantage of the reservation policy and had got promotion to the higher cadre, submitted that the High Court had rightly considered all relevant factors which had not been considered by the Supreme Court. According to him, certain important and relevant factors had been ignored by this Court while delivering the judgment in C.A. No.4343 of 1988. According to him, as the High Court had considered all other relevant factors, which this Court had not considered, the judgment delivered by the High Court was just and proper and, therefore, the appeal should be dismissed. 12. We have heard the learned counsel at length and have also considered the submissions made, the judgments relied upon by the counsel, the earlier judgment deliver ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der passed by this Court. When a higher court has rendered a particular decision, the said decision must be followed by a subordinate or lower court unless it is distinguished or overruled or set aside. The High Court had considered several provisions which, in its opinion, had not been considered or argued before this Court when C.A. No.4343 of 1988 was decided. If the litigants or lawyers are permitted to argue that something what was correct, but was not argued earlier before the higher court and on that ground if the courts below are permitted to take a different view in a matter, possibly the entire law in relation to the precedents and ratio decidendi will have to be re-written and, in our opinion, that cannot be done. Moreover, by no ..... X X X X Extracts X X X X X X X X Extracts X X X X
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