ANWAR KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE instant writ petition has been filed for issuing a direction to the respondents to release the annual grade increments and fix the salary of the petitioner as and when the same fell due and pay him all that became payable on that account alongwith interest @ 18% per annum as and when the same became payable and were not paid to the petitioner, and further to direct the respondents to fix the salary of the petitioner consequent to the aforesaid reliefs and further direction to the respondents to grant other benefits such as leave etc. which are granted to regularly appointed Class IV employees.

(2.) THE facts and circumstances giving rise to this case are that petitioner was initially appointed on daily wages in 1984 alongwith the respondents as Class IV employee. He filed S. B. Civil Writ Petition No. 3906/1990 for seeking the relief of regularisation and grant of equal pay for equal work. THE said writ petition was decided on 6. 9. 1993 and the operative part of the order runs as under:- "on the facts and circumstances of the present case, the petitioner is not entitled to regularisation, but he is entitled to get equal wages . . . . as was being given to regularly employed Class IV employees. Consequently, the writ petition succeeds and is allowed partly. THE petitioner would be entitled to get equal wages as was being given to similarly situated Class IV employees. His entitlement to get wages would be from the date of filing of the writ petition. "

(3.) EVEN if a party does not party for the relief in the earlier writ petition, which he ought to have claimed in the earlier petition, he cannot file a successive writ writ petition claiming that relief, as it would be barred by the principle of constructive res judicata enshrined in Explanation IV to Section 11 and Order 2 Rule 2 of the Code of Civil Procedure. In Order 2 Rule 2 C. P. C. , as has been explained, in unambiguous and crystal clear language by the Hon'ble Supreme Court in Commissioner of Income Tax vs. T. P. Kumaran (5), Union of India and others vs. Punni Lal (6) and D. Gudasji & Co. vs. State of Mysore