Case title: MALWATI VS. UNION OF INDIA AND ORS.
Case no: W.P.(C) 2755/2024 & CM APPL. 11188/2024
Order on: 29.02.2024
Quorum: HON’BLE MR. JUSTICE V. KAMESWAR RAO WITH HON’BLE MR. JUSTICE SAURABH BANERJEE
Fact of the case:
In this case, Ms. Malwati, wife of late Jaipal Singh, filed a writ petition seeking various reliefs, including the release of service benefits, pension, and answers to her representation. Late Jaipal Singh had previously filed a writ petition, W.P.(C) 1107/1997, which was dismissed in default on April 28, 2011. The petition was later restored to its original number and dismissed as withdrawn when listed on May 23, 2017. Late Jaipal Singh subsequently filed another petition, W.P.(C) 6738/2018, seeking directions to the Border Security Force (BSF) to release his pending dues. W.P.(C) 6738/2018 was dismissed on July 03, 2018, as it was held that late Jaipal Singh was precluded from filing a fresh petition on the same cause of action.
Legal provisions:
Article 226 of the Constitution of India: Empowers the High Court to issue writs, including writs of mandamus, for the enforcement of fundamental rights and legal obligations.
Contentions of Appellant:
Ms. Malwati contended that she was entitled to the release of service benefits, including pension, which had accumulated in favor of her late husband, Jaipal Singh. She argued that the dismissal of her husband’s previous petitions should not affect her right to claim these benefits. Ms. Malwati sought a writ of mandamus directing the Director General of Border Security Force to release the accumulated service benefits and pension, allowing her to lead a respectable life.
Contentions of Respondents:
The respondents argued that the petition filed by Ms. Malwati was not maintainable due to the finality of the dismissal of her late husband’s previous petitions, including W.P.(C) 1107/1997 and W.P.(C) 6738/2018. They contended that Ms. Malwati’s claims were based on the same cause of action and had already been adjudicated upon.
Court Analysis & Judgement:
The Court noted the finality of the dismissal of late Jaipal Singh’s previous petitions, indicating that the matter had already been adjudicated upon and could not be reopened. Despite the merits of Ms. Malwati’s claims, the Court found her petition not maintainable due to the principle of res judicata, which prevents the same parties from relitigating the same cause of action. The Court dismissed Ms. Malwati’s writ petition on the grounds of maintainability, affirming the finality of the dismissal of her late husband’s previous petitions.
Therefore, the prayers sought by Ms. Malwati were not granted, and the petition was dismissed.
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Judgement Reviewed By- Antara Ghosh
