The doctrine of res judicata applies to writ petitions. Once a court has adjudicated a dispute, including an implicit or explicit refusal of a prayer for interest on arrears, the matter achieves finality, precluding the petitioner from re-agitating the claim in a subsequent writ proceeding.

Headnote:(A) Civil Procedure Code - Section 11 - Res Judicata - Constructive Res Judicata - Applicability to writ proceedings - If a prayer for interest upon arrears of pension was included in a previous writ petition but not granted, the matter attains finality - Subsequent writ petition claiming the same relief is barred by the principles of res judicata. (Paras 8, 9, 10, 15, 16)

Facts of the case:
The petitioner, a former employee, previously filed a writ petition against the discontinuation of pension and retirement benefits. The court in the previous proceedings directed the release of pension arrears but did not grant the prayer for interest. Following the disbursement of the principal amount, the petitioner filed the instant writ petition claiming interest on the delayed payment of pension arrears, asserting financial hardship and arbitrariness in the discontinuation of said payments.

Findings of Court:
The court held that the principle of res judicata is applicable to writ petitions as it is to civil suits. Since the relief regarding interest on arrears was a prayer in the earlier writ proceedings and was effectively denied by the order attained finality, the petitioner cannot claim the same relief through a fresh writ petition. The court maintained that once an issue has been conclusively determined, it cannot be re-agitated by filing a separate writ petition.

Issues: 1. Whether a claim for interest on pension arrears is maintainable in a subsequent writ petition when such relief was not granted in an earlier, finalized writ proceeding. 2. Whether the principles of constructive res judicata apply, preventing the petitioner from re-litigating a point that could or should have been decided in the earlier action.

Ratio Decidendi: Where a court in a previous writ petition has adjudicated upon a matter and the relief for interest on arrears was not granted, the issue acquires finality. Under the operation of res judicata, a party cannot initiate a new writ petition to claim relief that was either rejected or not granted in a prior, comprehensive adjudication of the same subject matter.

Result: Writ petition stands disposed of.

Ananya Bandyopadhyay J.

1. The petitioner had been an employee of Indian Institute of Management, Calcutta being the respondent No.3 having been inducted in service on 15.10.1998. Subsequently, the petitioner had been granted voluntary retirement from the service on medical grounds prior to completion of 20 years of service. The voluntary retirement on medical grounds was endorsed by the respondent no.3 authorities considering his serious ailment. Initially the retirement benefit and pension were granted by the respondent no.3 authorities which had been subsequently discontinued prompting the petitioner to file a writ petition being WPA 20662 of 2018 whereby the Co-ordinate Bench of this court distinguished between voluntary retirement and voluntary retirement of service on medical ground assessing viability and implication of Rule 50(h) of the Service Rule relied upon and followed by the respondent no.3 authority.

2. The order of the respondent no.3 dated 23.10.2017 had been set aside by the Co-ordinate Bench deciding WPA 20662 of 2018 in favour of the petitioner directing the respondent no.3 to release the arrear amount of pension which was outstanding with immediate effect. The respondent no.3 preferred an appeal against the aforesaid writ petition which was thereafter withdrawn by the respondent no.3 authorities. Subsequently, the arrears of pension had been disbursed in favour of the petitioner.

3. The petitioner had filed a contempt application being CPAN No.161 of 2024 Vide an order dated 31.01.2024 passed by the Co-ordinate Bench of this court notice was directed to be served upon the respondent authorities, however, subsequent to the same the respondent authorities had paid a sum of Rs.42,33,043/- in the month of January, 2025 in favour of the petitioner.

4. The petitioner has filed the instant writ petition claiming interest @ 24% on the arrear of pension due to the petitioner from the date of discontinuation of the pension till the date of its actual payment.

5. Learned Advocate representing the petitioner submitted the pension to have been discontinued by the respondent no.3 authority without valid reason had been unfair, arbitrary and contrary to principles of natural justice and relied upon the following decisions :-

i) D.D Tewari v. Uttar Haryana Bijli Vitran Nigam Ltd. , (2014) 8 SCC 894, paragraphs 3

ii) Union of India v. Tarsem Singh (2008) 8 SCC 648, paragraphs 7 & 8

iii) State of Kerala v. M Padmanabhan Nair , (1985) 1 SCC 42 paragraphs 1 to 5

iv) S. K. Dua v. State of Haryana, (2008) 3 SCC 44, paragraph nos.5,6,9, 13, 14

v) Ramesh Chandra Sharma v. Punjab National Bank (2007) 9 SCC 15, paragraph

vi) Union of India v. K. Balakrishna Nambiar, AIR 1998 SC 3222, paragraphs no.9 to 13

vii) Atul Chandra Mahta vs. State of West Bengal & Ors. 2005(3) LLN 250, paragraphs 7

viii) R. Kapur vs. Director of Inspector(Painting and Publication) Income Tax and Anr. (1994) 6 SCC 589 paragraphs 5,68,10 and 11

ix) State of Uttar Pradesh and Ors. Vs. Dhirendra Pal Singh, (2017) 1 SCC 49, paragraph 6, 7, 9

x) Y.I Singla vs. Punjab National Bank and others (2013) 3 SCC 472, paragraphs 8, 9, 12, 13, 25, 26

xi) H. Gangahanuma Gowda vs. Karnataka Agro Industries Corporation Ltd. (2003)3 SCC 40, paragraphs 7 to 10.

xii) Gorakhpur University and Others vs. Dr. Shitta Prasad Nagendra and Ors.(2001) 6 SCC 591, paragraph 2, 5, 6

xiii) Dr. Uma Agarwal vs. State of U.P and Anr(1999) 3 SCC 438, paragraph 2 to 17

xiv) M/s. Eastern Coalfields Limited vs. Smt. Purnima Singh & Ors. Para 26, 27, 28, 29, 30.

6. It was further submitted the respondent authorities declined to demand a refund of Rs.13.61 lacs from the petitioner as per the notice dated 01.01.2024.

7. The Learned Advocate representing the petitioner has relied on the following decisions as mentioned above claiming interest on the delayed payment of pension which had been irrationally and arbitrarily discontinued by the respondent authorities to the financial constraints and pred

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2025 Supreme(Online)(Cal) 6538

The doctrine of res judicata applies to writ petitions. Once a court has adjudicated a dispute, including an implicit or explicit refusal of a prayer for interest on arrears, the matter achieves finality, precluding the petitioner from re-agitating the claim in a subsequent writ proceeding.

Cases Referred (3)