SUDHA CHHIPA Vs. STATE OF M P

JUDGEMENT

(1.) This is second visit of the petitioners to this court. It is contended by Shri Prashant Sharma, learned counsel for the petitioner, that earlier petitioners filed WP No. 1650/2000, which was disposed of on 01.12.2004 (Annexure P/1). In the said case the petitioners prayed for a direction to the respondents for extending the benefits of pay scale as per 5th Pay Commission. It is contended that said petition was disposed of on 01.12.2004 and the respondents were required to extend the benefits within six months therefrom. Benefits were granted belatedly on 27.08.2012 and, therefore, it is prayed that the delayed payment beyond six months from the date of original order should carry interest.

(2.) Prayer is opposed by Mrs. Patankar on the ground that petitioners could have prayed for interest in the first round itself. If interest is not granted by this Court in WP No. 1650/2000, said prayer for grant of interest is hit by principle of constructive res judicata and cannot be granted in this petition.

(3.) I have heard learned counsel for the parties and perused the record.