R S DHULL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has filed the present writ petition praying inter alia for directions to be issued to respondent no.1 i.e. State of Haryana, for fixing proper pension of the petitioner with increment and seniority.

(2.) It is stated in the writ petition that the petitioner had initially, in the year 2005, filed a writ petition for the same relief before the High Court of Punjab and Haryana. On 31.1.2007, the petitioner withdrew the aforesaid petition by filing an application on the ground that a similar matter filed by the petitioner was pending before the Supreme Court and that the petitioner did not want to pursue the aforesaid writ petition. The aforesaid application was allowed by the Punjab and Haryana High Court and the writ petition was dismissed. However, records reflect that the petitioner had withdrawn the SLP filed in the Supreme Court much earlier. Vide order dated 23.8.2004, the Supreme Court dismissed the SLP without going into the merits and without prejudice to the petitioner's remedy to approach the appropriate Court or Tribunal.

(3.) Subsequently, instead of going back to the Punjab and Haryana High Court within whose jurisdiction the petitioner was employed and had rendered services and despite the fact that it is the State of Haryana against whom the petitioner is seeking relief, the petitioner chose to approach this Court and filed a writ petition being WP (C) No.2529/2007, seeking the same relief as sought in the present writ petition. However, at the stage of admission, the petitioner sought the liberty to withdraw the said writ petition. Vide oder dated 3.4.2007, as prayed for by the petitioner, the writ petition was dismissed as withdrawn and liberty was granted to the petitioner to file the same before the appropriate forum. Now, within one month thereof, the petitioner has preferred the present petition again seeking same relief as sought in the earlier writ petition.