This order dismisses a writ petition seeking declaration and consequential relief regarding the petitioner's pay scale fixation from 1976, holding the claim barred by laches and res judicata due to previous litigation history.
No order on the petition, costs to respondents.
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THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY
WRIT PETITION No.32488 of 2010
ORDER:
The petitioner claims the relief in the form of declaration to the effect that his pay scale ought to have been fixed for the post of Technical Assistant from the date of his appointment in the year 1976. He also claims the consequential relief.
Heard the learned counsel for the petitioner and the learned counsel for the respondents.
The petitioner approached this Court initially in the year 1992 almost for the same relief by filing W.P.No.3884 of 1992. That was allowed and directions were issued for payment of difference amount and re-fixation of pay scale. Alleging that the order of this Court in W.P.No.3884 of 1982 was not complied with, the petitioner filed C.C.No.572 of 1996. This Court dismissed the contempt case. It was, however, left open to the petitioner to challenge the correctness of proceedings, dated 21.09.1996. The petitioner filed W.P.No.7738 of 2000 challenging the proceedings, dated 21.09.1996. However, he has chosen to withdraw the same in the year 2000 and filed the present writ petition not challenging any specific order, but for a general relief which he claimed in the year 1992. On the face of it, the writ petition is not only barred by latches but also principle of res judicata.
Hence, the writ petition is dismissed. There shall be no order as to costs.
________________________
L.NARASIMHA
REDDY,J Dt:23.08.2011 kdl
1 issue framed by the court
Whether the present writ petition seeking declaration regarding pay scale fixation is barred by laches and principle of res judicata.
Petitioner
Respondents
L. Narasimha Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
