Petitioner challenging rejection of compassionate appointment application sought declaration that his mother retired on medical grounds, not voluntary retirement. Court dismissed petition as it was barred by principles akin to constructive res judicata.
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WP1440-14
1
FARAD CONTINUATION SHEET No . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR
WRIT PETITION NO. 1440/2014
(RITESH RAJARAM TEMBHURKAR VERSUS THE STATE OF MAH. & OTHERS)
Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders
CORAM : SMT. VASANTI A. NAIK AND
P.R. BORA, JJ.
DATE : AUGUST 25, 2014.
By this petition, the petitioner challenges the order dated 20.03.2012 by which the mother of the petitioner was permitted to voluntarily retire from service but, was not permitted to retire on medical grounds. The petitioner also seeks his appointment on compassionate ground by treating that his mother had voluntarily retired from service on medical grounds.
After the petitioner's mother was permitted to voluntarily retire from service before attaining the age of superannuation, the petitioner filed an application for grant of appointment on compassionate ground. The said application was, however, rejected by the respondent no.2. The petitioner challenged the order of the respondent no.2, rejecting the application filed by the petitioner for appointment on compassionate ground in Writ Petition No.404 of 2014. It was submitted on behalf of the petitioner in Writ Petition No.404 of 2014 that his mother had not sought voluntary retirement but, had sought retirement on medical grounds. Writ Petition No.404 of 2014 was disposed of by this Court as this Court did not find that the petitioner had made out any case for interference. This Court observed on a reading of the order dated 20.03.2012 that the mother of the petitioner had retired voluntarily and there was no challenge to the order of voluntary retirement in the said petition.
WP1440-14
2
After Writ Petition No.404 of 2014 was disposed of by this Court on finding that there was no merit in the case of the petitioner, the petitioner has filed the instant petition seeking a declaration that his mother had retired on medical grounds and had not voluntarily retired before attaining the age of superannuation.
We are afraid that the relief sought by the petitioner cannot be granted in view of the applicability of the principles akin to the principles of Constructive Res Judicata to the facts of this case. In Writ Petition No.404 of 2014, the petitioner had challenged the order rejecting his application for appointment on compassionate ground. In the said writ petition, the petitioner had not sought a declaration that his mother had retired from service on medical grounds. This Court found that no case was made out by the petitioner for interference with the order rejecting the application for appointment on compassionate ground. In stead of seeking an amendment to the previous petition and seeking a declaration in regard to the nature of retirement of the petitioner's mother, the petitioner has filed the instant petition seeking the aforesaid reliefs. A declaration that the petitioner's mother had retired on medical grounds could have been sought by the petitioner in the previous petition. Since the same was not sought in the previous writ petition and the previous writ petition was dismissed without granting any leave to the petitioner to file a fresh petition seeking the aforesaid declaration, the present writ petition is clearly hit by the principles akin to the principles of Constructive Res Judicata .
In view of the aforesaid, the writ petition is dismissed with no order as to costs.
JUDGE
JUDGE
APTE
2 issues framed by the court
Whether a declaration regarding the nature of the petitioner's mother's retirement on medical grounds could be sought in a fresh writ petition after the previous petition seeking compassionate appoint
Whether the instant writ petition is barred by the principles akin to constructive res judicata.
Ritesh Rajaram Tembarkar
The State of Maharashtra
Vasanti A. Naik
P. R. Bora
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
