Sundaravel Raj vs State Of Tamil Nadu And Ors

The petitioner herein was a Secondary Grade Teacher in the Hindu Middle School, Subbanoor, Kilapavoor Range. Since the post became surplus in the said school, he was redeployed to Vengadampatti Kshatiriyar Committee Middle School, Kadayam Range, Tirunelveli District on 24.03.2010 in the same post of Secondary Grade Teacher.

The grievance of the petitioner is that he is entitled to the salary and other attendant benefits on par with the B.T.Assistant appointed in the Middle School Section and therefore, seeks for upgradation of his post of Secondary Grade Teacher to the BT.Assistant. The petitioner herein had earlier approached this Court seeking for a similar direction by filing a Writ Petition in W.P.(MD)No.1527 of 2016 and by order, dated 27.01.2016, a learned Single Judge of this Court was pleased to observe as follows:

"2. In view of the submission and endorsement made by the learned counsel for the petitioner, the Writ Petition is dismissed as withdrawn. No costs. Consequently, the connected miscellaneous petitions are also closed. Permission is specifically denied to raise the same issue again, since the matter is covered by various judgments."

The prayer in the above said Writ Petition was for a direction to the respondents to sanction and upgrade the petitioner's existing post of Secondary Grade Teacher to B.T.Assistant and consequently pay the salary allowance and other attendant benefits. When this Court had categorically rejected the same request earlier, the petitioner is not entitled to file another Writ Petition for a similar relief.

4.The learned Counsel for the petitioner placed reliance on another order of this Court, dated 15.03.2019 passed in W.P.(MD)No.6228 of 2019, whereby, a similar request once again was disposed of by this Court with the direction to the respondents to consider the petitioner's representation seeking for upgradation of the post of Secondary Grade Teacher. A perusal of the order does not reveal that the earlier order of this Court passed in W.P.(MD)No.1527 of 2016 was brought to its notice. As such, the order itself could be taken as per incuriam, in the light of the earlier order of this Court passed in W.P. (MD)No.1527 of 2016.

Apart from the aforesaid observations, it is a settled proposition of law that when an aggrieved party invokes the jurisdiction of this Court under Article 226 of Constitution of India, he would not be entitled to file a second Writ Petition on the same cause of action, which would be hit by the principles of res judicata.

For all the foregoing reasons, the prayer in the present Writ Petition, since being denied the same in the earlier Writ Petition, which was dismissed, is not maintainable and accordingly, this Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.