- (1.) The petitioner is before this Court basically for implementation of the directions given by this Court in Special Civil Application No.3174 of 1979 as it is prayed by the petitioner that, "17(a) Your Lordships will be pleased to issue a writ of or a writ in the nature of mandamus and/or any other appropriate writ, order or direction directing the respondents to forthwith carry out and implement the directions given by this Hon'ble Court in Special Civil Application No.3174 of 1979 on September 29, 1981 and to grant benefits of promotions with deemed date and other consequential promotions with the monetary benefits flowing therefrom from such deemed date;" (emphasis supplied)
(2.) There cannot be a better misconceived case of approaching this Court, after having failed before this Court in Special Civil Application No.333 of 1987, in which case, according to the learned Advocate appearing for the petitioner herein, all the contentions, which are raised in this petition, were raised. So far as the relief/s sought for are concerned, all what is prayed herein was prayed in that earlier petition along with an additional prayer for sanctioning salary for more than 12 months and sanctioning of leave report, which was alleged to have been submitted on the ground of sickness. In this Special Civil Application No.333 of 1987, following order/s were passed, copies of which are produced at Annexure-D to this petition. The first order is dated 30th April, 1987, which reads as under: "Rule - By interim order the respondent authorities are directed to decide the question of sick leave and salary of the Petitioner within 4 weeks from to-day and make payment accordingly within one week thereafter." (emphasis supplied) The second order is dated 5th August, 1988, which reads as under: "Mr.M.B.Buch for Mr.K.R.Vyas states that he wants to make a departmental representation as he hopes of sympathetic and expeditious considerations and therefore wishes to withdraw this petition at this stage with liberty to file a fresh petition on the same cause of action if necessary, hence granted. Hence, dismissed as withdrawn. Rule discharged." (emphasis supplied)
(3.) Miscellaneous Civil Application No.575 of 1991 was filed before this Court under Section-11 of the Contempt of Courts Act, 1971. The same was disposed of with the following observations, which are set out in paragraph-7 of this petition, which read as under: "..... this Hon'ble High Court was of the view that for the redressal of the petitioner's reliefs can best be dealt with by filing a petition under Art.226 and therefore the same was withdrawn on 22.4.1991.";