A single judge bench of the Justice Manoj Kumar Tiwari of Uttarakhand HC has dismissed the writ petition in view of the fact that the petitioner case is already denied twice and after it was settled.
Therefore, judgment declaring the law of the Full Bench will not reopen settled cases. It can be applied to only case which are pending before this Court or which will be filed in the future date.
Facts:
In the present case, the petitioner is married daughter of Gauri Sharma, who was serving as Nursing Matron at Soban Singh Jeena Base Hospital, Haldwani, District Nainital. Since petitioner’s mother died while still in service, therefore, petitioner applied for compassionate appointment. Since her request for compassionate appointment was not being considered, therefore, petitioner filed a writ petition seeking a direction to the Competent Authority to grant her compassionate appointment, which was dismissed by the Coordinate Bench of this Court on the ground that married daughter is not included within the definition of expression ‘family’.
Subsequently, a Full Bench of this Court in its judgment held that a daughter cannot be denied compassionate appointment merely on the ground that she is married. In the light of the Full Bench judgment, petitioner again approached this Court by filing WPSS No.891 of 2019, which was disposed of by this Court with a direction to the Competent Authority to examine petitioner’s claim in the light of the Full Bench Judgment.
Since petitioner’s representation made pursuant to the order of this Court passed in WPSS No.891 of 2019 was rejected, therefore, petitioner has again approached this Court by filing the present writ petition.
Observations of the Court:
The court observed that a Coordinate Bench of this Court vide order dated 15.12.2021 formulated certain questions and referred the matter to be considered by Larger Bench. The questions, so formulated, have been answered by the Full Bench of this Court vide order dated 17.10.2022. The Full Bench has made certain observations in para 7 and has held that the Full Bench judgment rendered in WPSB No.391 of 2013 will not reopen settled cases and since petitioner’s claim for compassionate appointment was rejected by the Coordinate Bench of this Court in the first writ petition filed by the petitioner i.e. WPSB No.391 of 2013, therefore, in view of the law laid down by the Full Bench of this Court in para 7, the relief, as claimed by the petitioner, cannot be granted.
Decision:
The writ petition reopen the settled case was dismissed on the ground that law re-stated in the later judgement is only applicable in the pending cases and not applicable for opening a already settled case.
Case: Ravipal Singh Saini vs State of Uttarakhand
Citation: WPSS No.1214 of 2021
Coram: Justice Manjoj Kumar Tiwari
Dated: 03.11.2022
Read Judgment @Latestlaws.com:
Picture Source :
