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Kerala Kaumudi Online
Friday, 29 March 2024 4.38 AM IST

When verdict is applicable to similar cases!

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The apex court has held that the benefit of the court order can be claimed by others if the same is the case and the plaintiffs do not have to file separate petitions in similar cases. A three-judge bench headed by Justice DY Chandrachud said the move would reduce the number of cases in the courts.

The verdict was applicable only to the present petitioners. Due to this, there is a situation where all the applicants have to file a separate petition. If the same ruling applies to 150 people, not everyone will benefit from it at present. If five people go to court, only they will get the benefit of the doubt. A copy of the judgment will be available only if the rest of them approach the court again one by one. This led to an increase in the number of cases and an increase in the workload of the court. It also led to unnecessary court costs.

The Supreme Court has pointed out that even if the verdict given to one person applies to all the same plaintiffs, it will not affect the merit of the case. While this recommendation of the High Court is beneficial to the plaintiffs, it may not be so welcome to the lawyers. Especially for lawyers who handle government service cases.

The order of the Administrative Tribunal applies only to the parties to the case. But the current situation is that those who think that the same order will be beneficial will have to approach the tribunal again for the same order. For this, the plaintiff will have to bear the lawyer's fees and other court costs. This will be waived when the Supreme Court order comes into force. This will reduce the number of cases reaching the Administrative Tribunal and avoid recurrence of cases on the same issue.

In the case where the PF pension of the employees should be paid in proportion to the salary, the benefit of the Kerala High Court judgment was received only by those who went to the case. But now the case is before the Supreme Court. When it comes to decision making, it applies equally to everyone. It is never fair that only those who go to court get the benefit of it. The courts are taking several drastic measures to reduce the number of cases. Thousands of years old cases are pending in the courts of the country. The number of cases in which plaintiffs and defendants have died is not small. And again, these would mean that you have to spend for these processes. The number of cases can be reduced even with timely changes in some of the old provisions. That leads to the Supreme Court's recommendation that the same orders be applied to similar cases.

The petitioners had approached the apex court on the issue of considering full pension for those who join the government service after working in the board and corporation. There were several similar petitions before the court.

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