Musarbu vs State Of H.P. & Ors
2023 Latest Caselaw 17237 HP

IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA

Civil Writ Petition No. 4962 of 2023.

Date of decision: 31st October, 2023.

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    Musarbu                                                                 ...Petitioner.





                                            Versus

    State of H.P. & Ors.                                                    ....Respondents.

    Coram:

The Hon'ble Mr. Justice Satyen Vaidya, Judge.

Whether approved for reporting?1

For the Petitioner: Mr. Vinay Mehta, Advocate.

For the Respondents: Ms. Priyanka Chauhan and Mr. Rahul Thakur, Dy. A. Gs.

Satyen Vaidya, Judge (Oral).

By way of instant petition, the petitioner has

prayed for following substantive reliefs:-

"(a) The respondent department may kindly be directed to implement the award dated

1.05.2010 passed by Ld. Labour Court in its totality and the respondents may kindly be directed to regularize the services of the husband of the petitioner w.e.f. 1.01.2009 in work charge cadre on the basis of policy framed by the State Government on the basis of his seniority fall in the said cadre post.

(b) The writ in the nature of Mandamus may kindly be issued directing the respondents to

Whether reporters of the local papers may be allowed to see the judgment?

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grant the pension benefits along with DCRG

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w.e.f. 7.10.2006 to the petitioner along with

interest.

(c) That the respondent department may kindly

be directed to decide the representation dated 04.08.2011 of petitioner within the time bound manner."

2. Record reveals that on earlier occasion also the

petitioner filed a petition being CWP No. 6827 of 2022 before

this Court on the same and similar cause of action. The

reliefs prayed in the earlier petition were as under:-

"(a) The respondent department may kindly be directed to implement the award dated

1.05.2010 passed by Ld. Labour Court in its totality and the respondents may kindly be

directed to regularize the services of the husband of petitioner w.e.f. 1.01.2009 in work

charge cadre on the basis of policy framed by the State Government on the basis of his

seniority fall in the said cadre post.

(b) That the respondent may kindly be directed to provide service to the petitioner on compassionate ground being legal heir in work charge cadre as per the policy of the State Government for providing employment on compassionate ground and also respondent may kindly be directed to provide grant of widow pension to petitioner w.e.f. 17.10.2006.

...3...

(c) That the respondent department may kindly

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be directed to decide the representation dated

9.04.2012 of petitioner within time bound manner."

3. CWP No. 6827 of 2022 was dismissed as not

pressed by the Division Bench of this Court vide order dated

15.11.2022. The aforesaid order was passed on the basis of

statement made by learned counsel for the petitioner to the

effect that he was under instructions to not to press the said

petition.

4. In view of the filing of the earlier petition on the

same cause of action and then the petitioner getting the

same dismissed as not pressed, the instant petition on the

same and similar cause of action will not be permissible and

maintainable. Merely, some change in the relief clause has

been made, will not alter the position. Even the provisions of

Order 2, Rule 2 of the Code of Civil Procedure will be an

impediment in the way of the instant petition having been

filed by the petitioner.

5. Accordingly, the instant petition is held to be not

maintainable and the same is dismissed.

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6. Pending applications, if any, also stand disposed of.

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(Satyen Vaidya)

Judge 31st October, 2023.

         (jai)




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