- (1.) Heard learned counsel for the appellant and perused the impugned judgment dated 23.12.2016 whereby the petition filed by the appellant praying for grant of regular pay scale on the strength of the decision in the case of State of Punjab v. Jagjit Singh & Ors., 2016 AIR(SC) 5176 decided on 26th of October, 2016 in Civil Appeal No. 213 of 2013 has been declined solely on the ground that the appellant had earlier filed a writ petition for the same cause of action that had been dismissed without liberty to file a fresh writ petition.
(2.) Learned counsel has urged that the relief claimed in the earlier writ petition was quoted in the third paragraph of the writ petition giving rise to the present appeal and the aforesaid fact was clearly disclosed that the said writ petition was in relation to regularisation and grant of minimum pay scale as well as other benefits. However, a request was made to the learned single Judge to permit the appellant to withdraw the writ petition at that stage. From the order passed by the learned single Judge on 19.09.2016 in Writ Petition No. 22336 (S/S) of 2016, the aforesaid prayer appears to be made out. The judgment is extracted hereinu-nder: "After arguing at some length, Shri. Ramesh Pandey, learned counsel for the petitioner has submitted that he may permitted to not press the writ petition at this stage. Learned Standing Counsel has no objection to the prayer of learned counsel for the petitioner. The request of learned counsel for the petitioner is accepted. Accordingly, the writ petition is dismissed as not pressed."
(3.) It is correct that the writ petition was dismissed as not pressed with no specific indication of any liberty to file a fresh writ petition for the same cause of action but at the same time the writ petition was dismissed according to the prayer at that stage.;