P&H: Rejects Retired Professor’s Fresh Promotion Claim, Cites Constructive Res Judicata

punjab-haryana
⚖️ Order Date: 27 Oct 2026
Headnotes

Civil Procedure Code, 1908, S.11, O.2.R.2 — Res judicata — Any claim available to petitioner at time of earlier writ petition but not raised or already rejected cannot be raised again in view of O.2.R.2 — Subsequent representation and committee proceedings do not give rise...

Civil Procedure Code, 1908, O.2.R.2 — Writ — Principle enshrined in O.2.R.2 CPC applies mutatis mutandis to writ proceedings u/R.32 of the Writ Jurisdiction (Punjab & Haryana) Rules, 1976. (Para 10)


Facts of the Case

P&H:  Rejects Retired Professor’s Fresh Promotion Claim, Cites Constructive Res Judicata

The Punjab and Haryana High Court has dismissed a retired university teacher’s fresh petition seeking consideration for promotion from Reader to Professor under the Old Career Advancement Scheme. Justice Harpreet Singh Brar held that the claim could not be reopened after an earlier writ petition challenging its rejection had been dismissed on merits.

Dr. R.K. Sharma said he had completed eight years of regular service as a Reader in 1996 and became eligible for promotion before retiring in 1999. He sought consideration of his claim under a Haryana Government notification issued in 2000, relying on later university and committee proceedings...

Login required to open full judgment PDF
Login to Access File