The doctrines of res judicata and constructive res judicata bar parties from re-agitating identical issues or raising claims that could have been brought in previous proceedings. Once a controversy has been adjudicated or has reached finality, successive petitions concerning the same cause of action are legally unsustainable.

ORDER :

1. The instant writ petition is preferred by the petitioner–applicant, being aggrieved by the order dated 25.02.2025 passed in OA No. 316/2021 (Jaipur), titled as Karan through LRs Smt. Bhama Devi Vs. Geological Survey of India, by the Central Administrative Tribunal (CAT), Jaipur.

2. The writ petition has been filed with the following prayer:

"1. Writ, order and/or Issue appropriate direction and thereby the impugned order dated 25.02.2025 (Annexure-1) passed by Central Administrative Tribunal, Jaipur 316/2021 (Jaipur) titled as in OA No. 'Karan LRs Smt. Bhama Devi vs Geological Survey of India'may kindly be quashed and set aside;

2. Issue appropriate writ, order and/or direction and thereby, the prayers made and reliefs sought by way of OA No. 316/2021 (Jaipur) titled as 'Karan LRS Smt. Bhama Devi vs Geological Survey of India', may kindly be allowed in terms of the prayers made therein."

3. The brief facts of the case are that the husband of the applicant-Smt. Bhama Devi, namely Thaneshwar Prasad, went missing on 30.09.2001, and a report regarding his missing was lodged on 08.09.2002 at Police Station Bhatta Basti, Jaipur. A charge memo was issued against Thaneshwar Prasad for unauthorized absence since 01.10.2001. After enquiry, Thaneshwar Prasad was removed from service on 29.07.2004. After lapse of seven years from the date of missing of Thaneshwar Prasad, the applicant sent a legal notice claiming family pension on the basis of presumption under Sections 107 and 108 of the Indian Evidence Act. No action was taken, which led to filing of Writ Petition No. 17402/2012, titled as Smt. Bhama Devi versus Union of India through Secretary, GSI and others. The said writ petition was disposed of on 30.01.2014 with directions:

"Petitioners have filed this writ petition for a direction to respondents to declare Shri Thaneshwar Prasad Sharma as dead and thereafter the respondents be directed to give compassionate appointment to petitioner no.1 on the post of Lower Division Clerk. It is further prayed that petitioners may also be granted family pension as per provisions of the Rajasthan Civil Service (Pension) Rules, 1996, along-with other retiral benefits. Prayer is also made for quashment of termination order dated 29.07.2004 (Annexure-3).

Thaneshwar Prasad Sharma, husband of petitioner no.1 and father of other petitioners, had been working since 1985 with respondent Department on the post of waiter (bearer). He has been missing since 30.09.2011 and in this regard petitioner no.1 lodged a complaint with Police Station, Bhatta Basti, Jaipur on 08.09.2002, but till date he has not turned up and the concerned police station has submitted the report on 07.11.2008 that he could not be traced out.

In the meanwhile, respondent Department issued a charge-sheet under Rule 14 of the Rajasthan Civil Services (Classification Control and Appeal) Rules, 1958 on the ground that Thaneshwar Prasad Sharma has continuously remained absent from duty since 01.10.2001 without prior sanction, and after conclusion of the enquiry, the respondent department dismissed him from service. Thereafter, petitioner no.1 submitted representation on 17.02.2009 to the respondent department and requested them to give