The main legal point established in the judgment is that a petitioner, who has not worked after the termination of service, may not be entitled to reinstatement or back wages, especially if the reliefs sought are beyond the scope of earlier legal proceedings.

JUDGMENT :

R.M. Chhaya, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 12.07.2016 passed by the learned Single Judge in Special Civil Application No.11366 of 2000 rejecting the writ petition, the original petitioner has preferred this intra Court Appeal under Clause 15 of the Letters Patent.

2. Following facts emerge from the record of this appeal :

2.1. The appellant (hereinafter described as “original petitioner”) was appointed as Clerk in District School Board on 16.6.1954 and was directed to resume the duty on 17.6.1954. As recorded by the learned Single Judge by an order dated 23.08.1956, the original petitioner was asked to work against the post of Senior Clerk and from 18.12.1956 the original petitioner was directed to work as an Accountant by way of stopgap arrangement. As the record unfolds upon passing School Board Accountant Clerks’ Examination, the original petitioner was promoted as a Senior Clerk on 09.09.1957 in the grade of Rs.100-8-140 w.e.f. 20.08.1957. By an order dated 28.07.1961 passed by the Administrative Officer, District School Board services of the original petitioner came to be terminated w.e.f. 29.07.1961. The said order of dismissal was challenged by the original petitioner by way of filing an appeal before the Tribunal under Section 24(2) of the Bombay Primary Education Act, 1947. By an order dated 20.12.1961 the Tribunal was pleased to dismiss the appeal filed by the original petitioner. The original petitioner challenged the said order of Tribunal before the State Government, however the same was not entertained. As the record indicates the original petitioner preferred Regular Civil Suit No. 40 of 1963 and prayed for declaration, that the termination of the original petitioner is null and void and original petitioner be treated in service without any break and also prayed for a decree of Rs.3652.89 towards arrears of pay. By an order dated 30.11.1964 Regular Civil Suit came to be dismissed, against which, the original petitioner preferred Regular Civil Appeal before the District Court, which was ordered to be dismissed on 13.1.1966. The said orders were challenged by the original petitioner before this Court by way of filing Second Appeal No.450 of 1966, which came to be allowed by this Court vide judgment and order dated 15.2.1972 and this Court was pleased to quash and set aside the order in original passed by the trial Court as well as Appellate Court and was pleased to remand the matter back to the trial Court. On such remand, the trial Court decided the suit vide judgment and order dated 29.10.1975 and decreed the suit in favour of the original petitioner. The said judgment was challenged by the respondent by filing Regular Civil Appeal No.92 of 1975, which came to be dismissed vide judgment and order dated 6.5.1978. The respondent herein filed Second Appeal before this Court being Second Appeal No.55 of 1980 and this Court vide judgment and order dated 17.8.2000 was pleased to dismiss the Second Appeal. After the said order, the original petitioner issued notice dated 9.10.2000 through his advocate and demanded the accrued dues, which was denied by the respondent by reply dated 17.10.2000. Thereafter, the original petitioner filed present petition being Special Civil Application No.11366 of 2000 and inter alia prayed as under :

“(A) Issue a writ of mandamus or any other appropriate writ, order or direction declaring the non-payment of accrued dues of pay, pension and gratuity – illegal and be further pleased to direct the respondent to make the payment of full back wages, pay and pension and gratuity with 18%interest till payment;

(B) Pending admission and final hearing of this petition, be pleased to direct the respondent to deposit the amounts of back wages/pays, pension and gratuity with interest with the Hon’ble Court and be further pleased to permit the petitioner to withdraw the same upon such conditions as may be deemed just and appropriate.

(C) Be ple