If there is another case of some other employee in which the same question of law is applicable (which the Supreme Court has kept open after having dismissed the SLP in the case of an employee), then it is possible for the state government to file SLP in the Supreme Court in the case of such other employee.
This is mainly because of the reason that facts in each case are different, while the question of law may be common. Since the Supreme Court has kept the question of law open, this implies that the question of law has not been settled by it. Therefore, if another case arises (of some other employee) in which the same question of law arises, it is possible for the state government to file an SLP in the case of such other employee to get his case decided and/or to get the question of settled.
However, once the SLP in respect of a particular employee has already been dismissed, it is not possible for the state government to file another SLP in the same matter, i.e., in the matter of the same employee arising out of the same cause of action, irrespective of whether or not the question of law has been kept open. But, even in such a case, the state government can file a Review Petition after the dismissal of the SLP; and, if such Review Petition is also dismissed, a Curative Petition can also be filed in the Supreme Court subject to certain conditions.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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