2026:UHC:4207 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/1397/2026 Hon’ble Manoj Kumar Tiwari, J. Ms. Bhavya Sharma, Advocate for the petitioner. 2. Mr. Pradeep Hairiya, Additional Chief Standing Counsel for the State of Uttarakhand. 3. Petitioner is widow of late Ramesh Chandra Chaudhary, who served in Department of Treasury. By means of this writ petition, she has sought the following reliefs:- “1. Issue a writ, order or direction in the nature of Mandamus directing the respondents to calculate and release the entire pending salary of Late Shri Ramesh Chandra Chaudhary, including the withheld half salary paid during the pendency of the criminal proceedings along with full salary and all consequential service and retiral benefits such as gratuity, provident fund and other admissible dues payable up to the date of his death i.e., 18.02.2010; 2. Issue a writ, order or direction directing the respondents to pay interest on the delayed payment of the aforesaid salary and retiral benefits at a rate deemed fit and proper by this Hon'ble Court. 3. Issue a writ, order or direction directing the respondents to decide and dispose of the petitioner's representation dated 06.03.2026 (ANNEXURE NO. 9, Page 54 to 59 made in compliance of order dated 26.02.2026 passed in WPSS No. 613 of 2026, (ANNEXURE 8, Page 51 to 53 within a stipulated time frame.” 4. According to petitioner, her husband was tried for a criminal offence and he was convicted by learned Trial Court (ACJM, Nainital), however, in appeal, learned Sessions Judge acquitted petitioner’s husband, vide judgment dated 16.11.2002. It is further pointed out that State Government challenged the judgment rendered by learned Sessions Judge before this Court, however, due to death of petitioner’s husband, the appeal filed by the State was dismissed as 2026:UHC:4207 infructuous. 5. Learned State Counsel, however, submits that petitioner earlier filed WPSS No. 613 of 2026, which was disposed of vide order dated 26.02.2026 directing the Director, Treasury, to take decision on the representation made by petitioner, within eight weeks. He submits that for the same reliefs, as were claimed earlier, petitioner has filed second writ petition. He submits that second writ petition for identical reliefs would not be maintainable and would be barred by res judicata. The reliefs claimed by petitioner, in WPSS No. 613 of 2026, are reproduced below:- “(i) Issue a writ, order or direction in the nature of Mandamus directing the respondents to calculate and release the entire pending salary of Late Shri Ramesh Chandra Chaudhary, including the withheld half salary paid during the pendency of the criminal proceedings along with full salary and all consequential service and retiral benefits such as gratuity, provident fund and other admissible dues payable up to the date of his death i.e. 18.02.2010; (ii) Issue a writ, order or direction directing the respondents to pay interest on the delayed payment of the aforesaid salary and retiral benefits at a rate deemed fit and proper by his Hon’ble Court. (iii) Issue a writ, order or direction directing the respondents to decide and dispose of the petitioner’s representation dated 17.03.2025 (Annexure No. 4) and reminder dated 11.04.2025 (Annexure Npo. 5) within a stipulated time frame.” 6. Since petitioner earlier filed writ petition for similar reliefs, therefore, subsequent writ petition would not be maintainable for the same reliefs. The writ petition is, therefore, ill advised and misconceived. Accordingly, the same is dismissed. There shall be no order as to costs. (Manoj Kumar Tiwari, J.) 27.05.2026 Navin