Back
HIGH COURT OF MADRAS
Honourable Mr.Justice MUMMINENI SUDHEER KUMAR
M.Sakthivel – Appellant
Versus
The Secretary to Government – Respondent
Incentive - Writ Petition - Multiple Litigations - The court dismissed the petition as it sought relief previously denied in another pending writ appeal, reinforcing the principle against multiple litigations for the same claim.
Fact of the Case:
The petitioner challenged the denial of 2 incentive increments for obtaining a nursing degree, previously dismissed in another writ petition which is pending appeal.
Finding of the Court:
The court found that allowing the petition would permit multiple litigations for the same relief, which is not permissible. It upheld procedural fairness by dismissing the current writ petition.
Issues: Whether the petitioner can seek the same incentive increments in a new writ petition after an earlier petition was dismissed.
Ratio Decidendi: The court relied on the principle that once a claim has been adjudicated upon, parties cannot re-litigate the same claim through multiple petitions.
Final Decision: The Writ Petition is dismissed.
ORDER
The petitioner herein has filed this writ petition challenging the proceedings issued by the third respondent in Ref.No.70506/N4/2019 dated 20.02.2020, whereby, the request of the petitioner for grant of 2 incentive increments for acquiring Post Basic B.Sc Nursing., degree was negatived by the third respondent. Subsequent to filing of the present writ petition, the petitioner herein along with certain other persons have filed W.P.No.9841 of 2022 before this Court and the said writ petition seeking for the very same benefit of grant of 2 incentive increments was dismissed by the learned Single Judge of this Court by an order dated 13.02.2024. A copy of the said order is placed before this Court. The petitioner along with other persons appears to have filed an appeal against the said order, dated 13.02.2024 and the same is stated to be pending. As the very same claim was made by the petitioner in W.P.No.9841 of 2022 and the same was negatived, the question of once again considering the claim of the petitioner for the same relief in this Writ Petition does not arise. The petitioner cannot be permitted to initiate multiple litigations before this Court for the very same or identical relief.
2. In view of the same, the relief sought for in the writ petition cannot be granted. Accordingly, this Writ Petition is dismissed. It is open for the petitioner to agitate any of the grounds raised in this Writ Petition also in the Writ Appeal stated to have been filed against the order in W.P.No.9841 of 2022 dated 13.02.2024. No costs. Consequently, connected miscellaneous petitions are closed. 25.07.2024 (2/2)
Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order Neutral Citation : Yes/No jas To
1.The Secretary to Government, Health & Family Welfare Department, Fort St.George, Chennai – 9.
2.The Secretary to Government, P&AR (FRIV) Department, Fort St.George, Chennai – 9.
3.The Director of Medical Education, Kilpauk, Chennai – 10.
4.The Director, Public Health & Preventive Medicine, Chennai – 6.
M UMMINENI SUDHEER KUMAR, J.
jas and W.M.P.Nos.20948 of 2020 and 3050 of 2021
25.07.2024 (2/2)
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
