TMI Blog1988 (8) TMI 435X X X X Extracts X X X X X X X X Extracts X X X X ..... ccording to the petitioner the tax department and the conservancy department are two separate departments in the Giridith Municipality and the posts of L.D.C. and upwards in the ministerial cadre are filled up by promoting the employees of the tax department. If for some reason, it is not found possible to do so, the vacant posts are filled up by promoting the senior most employees of other departments and if no such person is found to be eligible, outsiders are appointed. On the superannuation of the then head-clerk, a vacancy arose and consequently vacancy of L D.C. also in the event the person then holding the post of LD.C. was promoted to next higher post. The respondent-municipality decided to fill up the post by promotion from amon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng before a learned single Judge on 25-1-1988. It was brought to the notice of the learned single Judge that the petitioner has filed C.W.J.C. No. 144 of 1983(R) praying for the same relief on the same cause of action as has been prayed in this writ petition and that writ petition was withdrawn by the petitioner at the time of admission on 7-3-1983. On this ground a preliminary objection was raised before the learned single Judge that as the earlier writ petition was withdrawn without leave to file a fresh writ petition on the same cause of action, the present writ petition was not maintainable. Reliance was placed on Sarguja Transport Service v. State Transport Appellate, Tribunal, Gwalior, AIR 1987 SC 88. On behalf of the petitioner, it w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thus pronounced would continue to bind the parties unless it is otherwise modified or reversed by appeal or other appropriate proceedings permissible under the Constitution. If the writ petition is dismissed in limine without passing a speaking order then such dismissal cannot be treated as creating a bar of res judicata. This has been consistently followed by the Supreme Court in all subsequent decisions, some of which are Hoshanak Singh, P. D. Sharma, Virudhangar Steel Rolling Mills Ltd., the cases noticed above, and the principle of res judicata has been applied to appropriate cases. 7. From the facts of Sarguja Transport (supra) it appears that the appellant before the Supreme Court had filed a writ petition in the High Court challe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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