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Rohtash Singh v. State Of U.P. And Others - WRIT - A No. 23288 of 2006  RD-AH 8637 (28 April 2006)
Civil Misc. Writ Petition No. 23288 of 2006
State of U.P.and others......................................................Respondents.
Hon. Tarun Agarwala,J.
The petitioner has prayed for the following reliefs-
"(a) issue writ, order or direction in the nature of mandamus directing respondent to make payment of entire salary along with all consequential benefits and Selection Grade since 1.9.92 and regularise the services of the petitioner since 1.9.92.
(b) issue writ, order or direction in the nature of mandamus directing respondents to give selection grade to the petitioner continuing him since 1.9.92 on the post of Assistant Teacher in L.T.Grade.
(c) issue writ, order or direction in the nature of mandamus directing respondents to make payment of salary after including Annual increment from 1.9.92 to the petitioner month to month onwards when it falls due.
From the record it transpires that the Committee of Management refused to appoint the petitioner as an Assistant Teacher pursuant to the order dated 1.9.1992 issued by the District Inspector of Schools.
It transpires that the petitioner filed Writ Petition No.35967 of 1994 praying the following relief:-
"1. to issue writ, order or direction in the nature of mandamus commanding respondents not to harass the petitioner and appoint him as Assistant Teacher in pursuance of the selection/posting letter dated 1.9.92 and pay salary to the petitioner since then.
2.to issue writ, order or direction as this Hon'ble Court may deem fit and proper in the circumstances of the case."
On the other hand, the Committee of Management also filed writ petition No.33331 of 1992. The Committee of Management obtained the interim order on account of which the petitioner could not be appointed. Subsequently, the said writ petition was dismissed. Accordingly, the writ petition of the petitioner was allowed by judgment dated 11.5.2004 and the Manager of the Institution was directed to issue an appointment letter.
Based on the aforesaid judgment dated 11.5.2004 an appointment letter dated 2.7.2004 was issued in favour of the petitioner and, since then, the petitioner is working as an Assistant Teacher.
The petitioner has filed the present writ petition alleging that for no fault of his the petitioner has been denied the appointment since 1992 and therefore, his appointment should be deemed to be effective from the year 1992 and that he should be given the pay scale and other benefits from the year 1992 onwards.
In my view, the claim of the petitioner is misconceived. The petitioner was appointed by an order dated 2.7.2004 and is entitled to receive the salary from that date itself. The claim of salary from 1992 was not granted to the petitioner vide judgment dated 11.5.2004. Consequently, the petitioner cannot claim the same relief again. In the opinion of the Court, the claim of the petitioner having been rejected by earlier judgment, the petitioner is debarred from filing a second writ petition for the same relief. The writ petition is dismissed.
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