JYOTIRMAY BHATTACHARYA, J. - (1.) THE relief which was granted to the writ petitioner/appellant by a Learned Single Judge of this Court on 10th April, 2008 while disposing of the petitioner's earlier writ petition being W.P. No. 4589(W) of 2008 has not yet been given to the writ petitioner by the concerned authority, though the time for implementation of the said order has long expired. In effect, the present writ petition was filed by the writ petitioner for implementation and/or execution of the order passed by the Learned Single Judge of this Court on 10th April, 2008 in W.P. No. 4589(W) of 2008.
(2.) THE order which was passed by the Learned Single Judge of this Court on 10th April, 2008 in W.P. No. 4589(W) of 2008 attained its finality. As such, execution and/or implementation of the said order cannot be refused.
(3.) HOWEVER , the Learned Trial Judge rejected the present writ petition by holding, inter alia, that the relief claimed by the writ petitioner cannot be allowed on the principle of constructive res judicata. After considering the materials on record, we cannot hold that the principle of constructive res judicata can stand in the way of granting the relief which was claimed by the writ petitioner in the present writ petition. If the reliefs which are claimed by the writ petitioner in the present writ petition are considered in its true spirit, then it goes without saying that the writ petitioner in effect wanted to get the earlier order passed by the Learned Single Judge of this Court in the earlier writ petition executed by filing the said writ petition.;