2025:UHC:7122-DB SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSB/286/2017 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Subhash Upadhyay, J. [Per: Hon’ble Justice Shri Manoj Kumar Tiwari, J.] 1. Mr. Pooran Singh Rawat, Advocate for the petitioner through Video Conferencing. 2. Mr. K.N. Joshi, Deputy A.G. with Mr. Dinesh Bankoti, Brief Holder for the State. 3. Petitioner was appointed as Medical Officer in the year 2010 and was posted at Primary Health Centre, Devprayag, Tehri Garhwal. He participated in a test for upgrading his qualification. He was selected in the said test, pursuant to which he took admission and he was allotted a seat in General Surgery in Government Medical College, Haldwani. Petitioner successfully completed MS in General Surgery course in the year 2014. Petitioner earlier filed Writ Petition No.1309 (M/S) of 2013 seeking the following relief:- “(i) Issue a writ, order or direction in the nature of mandamus commanding the respondents to pay him stipend as applicable to other students, as per order dated 07.06.2012 passed by Principal Government Medical College, Haldwani, District Nainital, Uttarakhand and also as per direction vide Government Order No.588/XXVIII- 2/01(139) 2010 dated 24th May 2012.” 4. Pursuant to order passed in Writ Petition No.1309 (M/S) of 2013, petitioner was granted a stipend, as admitted by the petitioner in para-13 of the writ petition. Now, in this writ petition filed in 2017, petitioner has sought the following relief:- 2025:UHC:7122-DB “(i) Issue a writ, order or direction in the nature of mandamus directing the respondents to pay the full salary to petitoiner as per order dated 10th April, 2015 passed in WP No.62 of 2014 (S/B) Sayyad Assad Abbas versus State of Uttarakhand and others.” 5. Learned counsel for the petitioner submits that other Medical Officers, who were granted study leave for upgrading their qualification, were initially paid half salary, but upon intervention of this Court, they were given full salary. Petitioner, therefore, submits that he also be given full salary, as is being given to other Medical Officers. 6. Learned State Counsel, however, raised a preliminary objection regarding maintainability of the writ petition. He submitted that since in his earlier writ petition, petitioner limited his prayer only to stipend and pursuant to the order of this Court, stipend was given to him, therefore, the subsequent writ petition by the petitioner, claiming full salary, is not maintainable. He submitted that principle of Order II Rule 2 of CPC and also principle of res judicata would come into play and the present writ petition is, thus, not maintainable. 7. We find substance in the submissions made by learned State Counsel. Once petitioner limited his prayer to stipend only, he cannot be permitted to stake claim for full salary in the second round of litigation. On this short count alone, writ petition fails and is hereby dismissed. (Subhash Upadhyay, J.) (Manoj Kumar Tiwari, J.) 13.08.2025 13.08.2025 Rajni RAJINI GUSAIN Digitally signed by RAJINI GUSAIN DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=97cfa6e4cbd49c07b876db48448ac37 01a9ae475a2547e4b7f1d9b1f17d01342, postalCode=263001, st=UTTARAKHAND, serialNumber=8D039BC77BD1A2222B4DF4FC 80D4557562F95BEBA013F530616A158A0A87 8BD8, cn=RAJINI GUSAIN Date: 2025.08.14 17:47:52 +05'30'