SHREE CHANDRASHEKHAR,J. - (1.) The petitioner is claiming interest on delayed payment of Rs. 6,51,897/- which has been paid to him as post retiral benefits.
(2.) The petitioner came to this Court in W.P.(S) No. 6533 of 2007 which was disposed of by an order dated 24.04.2009 in the following terms: "After some arguments, both parties agreed to the extent that the amount paid between 2004 and the date of retirement i.e. 31st October, 2006 should not be adjusted in view of the fact that this was not a case of any misrepresentation or fraud on the part of the petitioner. Considering the facts and circumstance of the case and the law in this regard, this writ petition is allowed to the extent that the amount which was paid for the period actually worked between 2004 till the date of retirement of petitioner will not be recovered. However, the petitioner is not entitled for any other relief or benefit for those periods. The respondents are accordingly directed to refund the amount recovered and payable to the petitioner and release the same within a period of three months from the date of receipt of a copy of this order in accordance with law."
(3.) It appears that a proceeding was initiated against the petitioner on the allegation that she overstayed in service, beyond the period of superannuation. Considering the fact that she had worked under the Department without any misrepresentation or fraud, a direction was issued by the Writ-Court not to recover/adjust amount already paid to the petitioner, for she had actually worked. However, she was held not entitled for any other relief or benefit for those period. Admittedly, pursuant to order dated 24.04.2009 all admissible post retiral benefits have been paid to the petitioner. There was no prayer for payment of interest on delayed payment of post retiral benefits to the petitioner in the previous writ-proceeding. Evidently, prayer in the writ-petition is barred by constructive res-judicata.;