Uttarakhand High Court
Kundan Singh Adhikari vs State Of Uttarakhand And Another on 16 September, 2022
HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition (S/S) No. 1801 of 2022
Kundan Singh Adhikari .....Petitioner.
Versus
State of Uttarakhand and another .... Respondents
Present :
Mr. Rajesh Chandra Kandpal, Advocate, on behalf of Mr. Ganesh Kandpal, Advocate, for
the petitioner.
Mr. N.P. Sah, Standing Counsel, for the State of Uttarakhand.
JUDGEMENT
Hon'ble Sharad Kumar Sharma, J.
The petitioner has earlier preferred a Writ
Petition, being Writ Petition (S/S) No. 1522 of 2022,
Kundan Singh Adhikari Vs. State of Uttarakhand and
another, wherein, he has prayed for the following reliefs :-
"i-a writ, order or direction in the nature of
mandamus directing the respondent no. 2 to grant
permission to the petitioner for joining on promotional
post pursuant to the promotion order dated 21-11-2021
i.e. Government Inter College Baghar District
Bageshwar.
ii. issue any other wit, order or direction which
this Hon'ble Court may deem fit and proper in the facts
and circumstances of the case.
iii. award cost of the petition to the petitioner."
2. For the reasons best known to the petitioner, he
didn't press his Writ Petition on merits, rather he has chosen
to get it dispose of with the direction to the Director to decide
the representation. The relevant part of the order dated 16th
August, 2022, is extracted hereunder :-
"Learned State Counsel fairly submits that if
petitioner makes a representation, the Competent
Authority shall look into the matter.
Learned counsel for petitioner refers to Annexure-
7 to writ petition, which is a representation dated
11.05.2022 addressed to Director, Elementary
Education, Uttarakhand.
Having regard to the aforesaid facts, writ petition
is disposed of with a direction to Director, Elementary
Education, Uttarakhand to consider petitioner's
representation and pass appropriate order, as per law,
within eight weeks from the date of production of
certified copy of this order, with copy of
representation."
3. In pursuance to the judgment of 16th August,
2022, the petitioner represented his case before the Director
and the same has been rejected by the order of 26th August,
2022.
4. The petitioner has preferred the present Writ
Petition yet again for the following reliefs :-
"i. a writ, order or direction in the nature of
certiorari to call for record of the case and quash the
order dated 26-8-2022 (contained in Annexure no.10 to
the writ petition).
ii. a writ, order or direction in the nature of
mandamus directing the respondent no. 2 to grant
permission to the petitioner for joining on promotional
post pursuant to the promotion order dated 27-11-2021.
i.e. Government Inter College Baghar District
Bageshwar (contained in Annexure no.1 to the writ
petition).
ii. issue any other wit, order or direction which
this Hon'ble Court may deem fit and proper in the facts
and circumstances of the case.
iii. award cost of the petition to the petitioner."
5. In fact, relief No.2, is verbatim, common to the
relief, which was initially prayed for in the first Writ Petition
No. 1522 of 2022, and owing to the judgment which was
solicited to be accepted by the petitioner i.e. dated 16th
August, 2022, the writ of mandamus sought for therein for
permitting his joining would be deemed to have been denied,
as he has voluntarily alternatively chosen to get his
representation decided.
6. Since it was not an adjudication of lis on merits,
as per the opinion of this Court in view of the principles of
the stipulations contained Order 2 Rule 2, the present Writ
Petition would be the consecutive Writ Petition for the same
relief.
7. In that eventuality, when the second relief
happens to be same, it would be a consecutive Writ Petition
for the same relief, the decision taken on the representation
on 26th August, 2022, cannot be said to be at all giving a
fresh cause of action, particularly when, the relief No.2, has
attained finality against the petitioner.
8. In that eventuality, and for the reasons assigned
above, the Writ Petition lacks merit and the same is
accordingly dismissed.
(Sharad Kumar Sharma, J.)
16.09.2022
Shiv
