Court No. - 34
Case :- WRIT - A No. - 44595 of 2002 Petitioner :- Daya Nanad Tiwari Respondent :- Secretary, Nagriya Sahakari Bank Ram Katora & Others Counsel for Petitioner :- M.M. Sahai Counsel for Respondent :- A.K. Singh,S.C.
Hon'ble Sudhir Agarwal,J.
1. Heard Sri M.M. Sahai, Advocate, for the petitioner and Sri Shashi Prakash Rai, Advocate, holding brief of Sri A.K. Singh, Advocate, for respondents.
2. Petitioner was terminated and termination order was challenged in an earlier Writ Petition No. 16370 of 1998 which was allowed vide judgment dated 20.08.1999 and order of termination was set aside. However, this Court did not pass any order granting relief of payment of arrears of salary to petitioner. The present writ petition has been filed seeking a writ of mandamus directing the respondents to pay arrears of salary.
3. The relief of arrears of salary could have been prayed for by petitioner in the earlier Writ Petition, but the same having not been granted in the earlier Writ Petition, fresh writ petition for this purpose is not maintainable being barred by Order 2 Rule 2 C.P.C. as held by Apex Court in Union of India Vs. Punnilal and others JT 1996 (9)SC 740.
4. Dismissed.
Order Date :- 23.8.2018 PS