Irinder Singh Walia vs State Of Punjab And Others
2024 Latest Caselaw 10145 P&H

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

Neutral Citation No:=2024:PHHC:065597

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the petitioner after arguing for some time had withdrawn the said writ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




                                       2 of 2