Smt. Hema Banjare v. Chhattisgarh State Power Holding Company Limited
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 985 of 2021
1. Smt. Hema Banjare W/o Late Shri Rajendra Prasad Banjare Aged About 40 Years Daughter-In-Law Of Late K. P. Banjare R/o Maharana Pratap Ward, Pandariya Road, Mungeli, Police Station Mungeli, District Mungeli Chhattisgarh ---- Petitioner
Versus
1. Chhattisgarh State Power Holding Company Limited Through Director General Manager (HRD), Daganiya, Raipur, District Raipur Chhattisgarh
2. Deputy Managing Director Chhattisgarh State Power Holding Company Limited Daganiya, Raipur, District Raipur Chhattisgarh ---- Respondents For Petitioner :
Ms. Reena Singh, Advocate.
Hon'ble Shri Justice P. Sam Koshy Order on Board 08/03/2021
1. The present is a writ petition where challenge is to the rejection of the claim application for compassionate appointed of the petitioner on the ground of; she is the daughter-in-law of the deceased employee.
2. Perusal of the records would show that the petitioner has challenged the said order in an earlier writ petition i.e. WP(S) No. 2366/2016 which came up for hearing before this Court on 24.10.2016 where the High Court has dismissed the writ petition.
3. On a query being put to the counsel for the petitioner, she submits that after the dismissal of the writ petition on 24.10.2016, the petitioner has not challenged the same before any higher forum, nor has she approached the Court by way of a review petition.
4. In view of the fact that the impugned order (Annexure P/9) has already been subjected to judicial review and judicial scrutiny by this Court under Article 226 on an earlier occasion where this Court has rejected the writ petition and the subsequent writ petition for the same cause of action even if there is a change in circumstances would not be permitted as the writ petition would be hit by 'resjudicata'. Accordingly, the writ petition stands rejected on this ground alone.
5. However, the petitioner would not be precluded from approaching the authorities in the department on the administrative side for ventilating her grievances.
6. The writ petition accordingly stands rejected. Sd/- (P. Sam Koshy) Judge Jyotijha