KARUNESH SINGH PAWAR,J. - (1.) Heard Sri Divyanshu Sahay, learned counsel for the petitioner, learned Additional Chief Standing Counsel for the State and Sri Himanshu Hemant Gupta, learned counsel appearing for the respondent Corporation.
(2.) This intra court appeal arises against judgment and order dated 17.10.2019 passed in Writ Petition No.34236 (SS) of 2018, Sharwan Kumar vs. State of U.P. and others, whereby learned Single Judge had dismissed the writ petition as not maintainable taking into consideration principles of res-judicata/constructive res-judicata enshrined in Order II, Rule 2 C.P.C.
(3.) The appellant/petitioner was an employee of the Institute of Tool Room Training U.P. (hereinafter referred to as the ITTUP) who retired on 30.4.2011. The petitioner had filed Writ Petition No.375 of 1985, Sharwan Kumar vs. Institute of Tool Room Training, U.P. and others before this Court praying for the following reliefs:- "(i) issue a writ, order or direction in the nature of Mandamus commanding the opposite parties no.1 to 3 not to make any hostile discrimination between the petitioner and the opposite parties no.4 to 6 regarding grant of annual increments in the wage revision. (ii) issue a writ, order or direction in the nature of Mandamus commanding the opposite parties no.1 to 3 to grant petitioner also at least five annual increments. (iii) issue any other writ, order or direction which this Hon'ble Court may deem fit in the circumstances of the case, in favour of the petitioner. (iv) award costs of this petition to the petitioner.";