Irinder Singh Walia vs State Of Punjab And Others

Punjab-Haryana High Court

Irinder Singh Walia vs State Of Punjab And Others on 10 May, 2024

Author: Vikas Bahl

Bench: Vikas Bahl

                                        Neutral Citation No:=2024:PHHC:065597




CWP-22102-2020                   -1-

            IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                         CHANDIGARH
(212)
                                 CWP-22102-2020
                                 Date of decision: - 10.05.2024
Irinder Singh Walia
                                                                   ....Petitioner
                                   Versus
State of Punjab and others
                                                                .....Respondents


CORAM : HON'BLE MR. JUSTICE VIKAS BAHL


Present:-     Mr. Amarjit Singh Bedi, Advocate, for the petitioner.

              Ms. Neha Sonawane, DAG, Punjab.

                          ****

VIKAS BAHL, J. (ORAL)

1. Present writ petition has been filed under Article 226 of the Constitution of India for the issuance of writ in the nature of mandamus directing the respondents to release regular pension, commutation of pension, DCRG (Gratuity) and leave encashment in view of the Rule 2.2

(c) read with explanation to Rule 2.2(b) of the Punjab Civil Rules Volume-II and instructions of Department of Personnel and Administrative reforms dated 04.08.1982 (Annexure P-5) and Punjab State Vigilance Instructions dated 06.03.2000 (Annexure P-6) and in view of the judgment of Division Bench of this Court in the case of "Subhash Chand Singla Vs. The Punjab State Cooperative Supply and Marketing Federation Ltd. and another, reported as RSJ 2007(4) 776.

2. Learned counsel for the petitioner has submitted that the case of the petitioner is covered by the judgment of Division Bench of this 1 of 2 ::: Downloaded on - 11-05-2024 14:19:36 ::: Neutral Citation No:=2024:PHHC:065597 CWP-22102-2020 -2- Court in Subhash Chand Singla's case (supra) as well as by the judgment of this Court in "Gobind Ram Verma Vs. State of Punjab and others, passed in CWP-19954-2018, decided on 12.03.2024 and has thus, prayed that the present writ petition be allowed in the same terms.

3. Learned State counsel, however, has pointed out that the petitioner had earlier filed a petition on the same cause of action i.e. CWP-28050-2019, decided on 27.09.2019, wherein, learned counsel for the petitioner after arguing for some time had withdrawn the said writ petition with liberty to the petitioner to agitate his claim before the respondents and thus, the second writ petition on the same cause of action is barred by the provisions of Order 23, Rule 1, sub-rule (4) of the CPC and the said principle is also applicable to writ proceeding.

4. Learned counsel for the petitioner has submitted that in view of the above, the petitioner be permitted to withdraw the present writ petition with liberty to move an appropriate application in the earlier writ petition, if so adviced.

5. Dismissed as withdrawn, with the aforesaid liberty.

6. It is made clear that this Court has not opined on the maintainability or otherwise of the said application and the same if filed, would be considered independently, in accordance with law.

                                                            ( VIKAS BAHL )
May 10, 2024                                                   JUDGE
naresh.k

             Whether reasoned/speaking?         Yes/No
             Whether reportable?                Yes/No




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