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2026 Supreme(Jhk) 471

2026 JHHC 10538
IN THE HIGH COURT OF JHARKHAND AT RANCHI
M.S. Sonak, C.J., Rajesh Shankar, J.
Jhubli Devi, wife of Late Gandra Oraon - Appellant
Versus
The State of Jharkhand, through the Chief Secretary – Respondent
L.P.A. No.60 of 2026
Decided On : 13-04-2026
Advocates Appeared :
For the Appellant : Mrs. Rakhi Rani, Advocate Mr. Akhilesh Prasad, Advocate
For the Respondent : Mr. Aman Kumar, A.C. to S.C.-VI, Mr. Rituraj, A.C. to S.C.-VI

Advocates:
For the Appellants/Petitioners: Rakhi Rani, Akhilesh Prasad
For the Respondents: Aman Kumar, Rituraj

The principle of res judicata does not bar a writ petition seeking enforcement of a dispute resolution settlement award. High Courts under Article 226 may compel state authorities to implement such awards to prevent arbitrary denial of pensionary rights and honor constitutional obligations.

Headnote:(A) Legal Services Authorities Act, 1987 - Section 21 - Constitution of India - Article 226, 14, and 21 - Pensionary benefits - Settlement in alternative dispute resolution mechanism - Enforcement of award - Principle of res judicata - Applicability - Doctrine of res judicata does not apply where a subsequent petition seeks enforcement of a settlement reached in a local dispute resolution tribunal rather than re-agitating the merits of the case - The award, being a statutory settlement, creates a fresh cause of action upon non-compliance by state authorities. (Paras 6, 7, 10)

(B) Writ Jurisdiction - Scope and Ambit - While a writ court is not strictly an executing court, it maintains the inherent authority under Article 226 to ensure the implementation of a binding settlement award, especially where the failure of public authorities to comply amounts to an arbitrary violation of the constitutional and legal rights of citizens. (Paras 12, 22)

Facts of the case:
Former daily-rated employees had their service dispute regarding pensionary benefits resolved via a settlement award in a local dispute resolution tribunal. The state authorities failed to implement the award despite a signed undertaking. When the claimants sought enforcement through further legal proceedings, their petitions were dismissed by the lower court on grounds of maintainability and the principle of res judicata.

Findings of Court:
The court held that the previous settlement did not constitute an adjudication on merits, thus the doctrine of res judicata was inapplicable. The court further emphasized that public authorities cannot evade their statutory duty to honor settlement awards by raising technical objections, as such inaction causes severe hardship and violates constitutional mandates.

Issues: Whether a writ petition seeking the enforcement of a settlement award is barred by the principle of res judicata, and whether the Writ Court has the jurisdiction to compel the implementation of said award.

Ratio Decidendi: A settlement award attained through a recognized dispute resolution mechanism is final, binding, and creates a continuing obligation. Where state authorities neglect their duty to comply with such an award, the court is empowered to issue directions for enforcement under its writ jurisdiction to safeguard the fundamental rights to life and equality of the beneficiaries.

Result: Appeal allowed.

JUDGMENT :

Rajesh Shankar, J.

1. The present Letters Patent Appeal is directed against the judgment/order dated 26.11.2025 passed in W.P. (S) No.6739 of 2025, whereby the learned Single Judge of this Court has dismissed the writ petition filed by the writ petitioners/appellants observing inter alia that the same is not maintainable being barred by the principle of res judicata.

2. The learned counsel for the writ petitioners/appellants submits that a writ petition being W.P.(S) No.1298 of 2023 was filed by the writ petitioners seeking issuance of direction upon the respondents to consider their cases for pensionary and other benefits by counting their services from the date of initial appointments when they had joined as daily rated employees and not from the date of their regularization. The said writ petition was referred to the National Lok Adalat and the dispute was settled in terms of the award dated 13.07.2024 whereby the respondents were directed to extend the pensionary benefits to the writ petitioners by counting earlier services from the date of their initial appointments.

3. It is also submitted that the writ petitioners filed their respective representations along with copy of the award dated 13.07.2024, however, the same was not implemented by the respondents even after lapse of more than a year from the date of receipt of the copy of the said award.

4. It is further submitted that the writ petitioners subsequently filed Contempt Case (Civil) No.182 of 2025, however, the contempt proceeding was dropped by the learned Single Judge of this Court vide order dated 07.11.2025 observing that the alleged non-compliance of the award passed by the National Lok Adalat was not amenable to contempt jurisdiction.

5. Learned counsel for the appellants also submits that the writ petitioners thereafter filed another writ petition being W.P.(S) No. 6739 of 2025 which was also dismissed by the learned Single Judge vide order dated 26.11.2025 observing that the same was not maintainable being barred by the principle of res judicata. It was further observed that the petitioners’ prayer was for execution of the settlement arrived at in the Lok Adalat, whereas the Writ Court exercising jurisdiction under Article 226 of the Constitution of the India should not act as an executing court to execute a settlement arrived at in the Lok Adalat.

6. It is argued that the learned Single Judge has failed to appreciate that the earlier writ petition was disposed of in terms of settlement arrived at by the parties in the National Lok Adalat and not by adjudication on merit by a court of competent jurisdiction. As such, the subsequent writ petition being W.P.(S) No.6739 of 2025 filed by the writ petitioners was not barred by the principle of res judicata.

7. It is also urged that the principle of res judicata is not applicable in a case where subsequent writ petition is filed seeking enforcement of the award made in a Lok Adalat which, rather gives rise to a fresh and continuing cause of action due to non-implementation of the award made in terms of the settlement arrived at in a National Lok Adalat.

8. It is further contended that the issue involved in W.P.(S) No.1298 of 2023 was regarding entitlement of the writ petitioners to pensionary benefits by counting their long rendered past services as daily rated employees, which got settled in the National Lok Adalat vide award dated 13th July, 2024 whereas the issue for adjudication in the subsequent writ petition i.e., W.P.(S) No.6739 of 2025 was for release of the difference of pensionary benefits to the writ petitioners in terms of the settlement reached in the National Lok Adalat.

9. It is also contended that the Executive Engineer, Minor Irrigation Division, Garhwa, was physically present in the National Lok Adalat held on 13.07.2024 who undertook to pay the difference of pensionary benefits as per the entitlement of the writ petitioners. The said authority was also arrayed as respondent in W.P.(S) No. 6739

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2026 Supreme(Jhk) 471

The principle of res judicata does not bar a writ petition seeking enforcement of a dispute resolution settlement award. High Courts under Article 226 may compel state authorities to implement such awards to prevent arbitrary denial of pensionary rights and honor constitutional obligations.

Cases Referred (1)