Petitioner is found to be indulging in and is habitual of unnecessary repeated litigations, the Court said.
Coming down heavily on a Jawaharlal Nehru University professor for filing repeated litigations claiming same relief, the Delhi High Court has imposed costs of Rs.60, 000.
Dr. K.S. Jawatkar had approached the Delhi High Court seeking a declaration that he is entitled to continue in service till the age of 65, instead of 62.
Justice Valmiki J Mehta observed that the professor had approached it in the year 2000, claiming the same relief for continuation in services up to the age of 65 years and benefit of appadorai chair/post of professor. Against the judgment in that case, he had approached the division bench which dismissed his appeal. The Supreme Court later dismissed his special leave petition.
The court, on the question whether the principles of res judicata is applicable to writ petitions, said: “The object of law is that for the same relief a person is bound to take up all entitlements together, and a person cannot use different entitlements for the same reliefs by filing repeated proceedings. CPC no doubt does not apply to writ petitions, however, the principles of res judicata are not only because of CPC because the principles of res judicata are matters of general public policy.”
Imposing costs of Rs.60,000 on the teacher, the court said: “Petitioner is found to be indulging in and is habitual of unnecessary repeated litigations, although the issues argued and urged have achieved finality, the only way to stop the petitioner from indulging in repeated litigations is to impose costs upon the petitioner.”
Read the Judgment here.