Pradeep Kumar v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12625 of 2025 ====================================================== 1.

Pradeep Kumar Son of Late Kalu Rai @ Kaloo Ram at present working as a tailor, at present Bihar Regimental Center, Danapur Cant, P.O. and P.S.- Danapur, District-Patna-801503, resident of Takiyapar, Shiv Govind Apartment Phase-II, Flat No. 302, Danapur Cant, Patna-800012. 2.

Brajesh Nandan Kumar, Son of Late Brij Nandan Prasad, at present working as a tailor, at present Bihar Regimental Center, Danapur Cant, P.O. and P.S.- Danapur, District-Patna-801503, resident of Awasthi Ghat, P.O. Digha, P.S. Danapur, Patna-800012.

... ... Petitioners.

Versus

1.

Union of India through the Secretary, Ministry of Defense, Government of India South Block, New Delhi-110011.

2.

The Commandant, the Bihar Regiment Kendra Danapur Cant-801503. 3.

The D.G. Infantry-6 Army Headquarter, R.K. Puram New Delhi-110066. 4.

The Commandant, J.O.B., Sub-Area Danapur Cant, Patna-801503. 5.

The Controller of Defense Account, Rajendra Path, Patna-800019. ... ... Respondents.

====================================================== Appearance :

For the Petitioners :

Mr. Praveen Kumar, Advocate For the Respondents :

Mr. Kumar Ravish, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH And HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH) 18-11-2025 The present writ petition has been filed challenging the order dated 15.05.2025 passed by the learned Central Administrative Tribunal, Patna Bench, Patna (hereinafter in short referred to as the 'CAT') in O.A. Case No.050/00597/ 2023, whereby and whereunder the said petition filed by the aforesaid petitioners has stood dismissed on the ground of the same being barred by the principles of res judicata.

Patna High Court CWJC No.12625 of 2025(2) dt.18-11-2025 2/2

2. It is admitted by the learned counsel for the petitioners that the petitioners along with one another person had earlier approached the learned CAT by filing a petition bearing OA No.773 of 2004 which was dismissed by an order dated 10.11.2010, nonetheless the petitioners had again filed an O.A. before the learned CAT, seeking same and similar relief but the same has stood dismissed by the impugned order dated 18.11.2025 on the ground of the same being barred by the principles of res judicata. Thus, it is not denied by the learned counsel for the petitioners that the aforesaid O.A. Case No.050/ 00597/2023 is barred by the principles of res judicata, nonetheless he submits that though the present writ petition is not being pressed, however the petitioners shall approach the respondent authorities for sympathetic consideration of their claims, if permissible under the law.

3. Accordingly, the present writ petition stands disposed of as not pressed.

(Mohit Kumar Shah, J.) (Soni Shrivastava, J.) Trivedi/- U