Indradeo Singh vs The State of Bihar and Others

Heard counsel for the parties. By the order impugned, the learned single Judge of this Court dismissed the writ application holding that the relief sought for by the appellant was already examined by this Court in C.W.J.C. No. 11326 of 1999 and L.P.A. No. 955 of 2002.

It pertains to fixation of seniority of this appellant vis-a-vis other persons according to the gradation list.

It appears that this Court in its writ jurisdiction and also in Letters Patent Appeal refused to accept the seniority, as claimed by the appellant. The authorities thereafter decided the seniority of the appellant afresh and the same was again challenged by this appellant in this Court.

In this background, the learned single Judge of this Court was wholly justified in holding that since claim of this appellant was not accepted by this Court in the writ application as also in Letters Patent Appeal aforesaid, therefore, no useful purpose will be served by entertaining this matter again and the findings recorded by the learned single Judge of this Court appear to be wholly justified.

Learned counsel for the appellant, however, submitted that fresh cause of action gave rise the appellant, therefore, the learned Single Judge could have examined the matter again.

The submission of learned counsel for the appellant, in these backgrounds of this case, appears to be wholly misconceived since seniority of this appellant was earlier considered and examined. This appeal is, accordingly, dismissed.