IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1069 of 2011 IN Civil Writ Jurisdiction Case No. 5728 of 2009 =========================================================== Ram Pravesh Pandey, Son of Late Mohit Pandey, resident of Village- Ram Sahar, Police Station- Barhara, District- Bhojpur .... Petitioner .... Appellant Versus 1. The Union of India, through its Secretary, Ministry of Home, New Delhi. 2. The Under Secretary, Government of India, Freedom Fighters’ Division, 4th Floor, Lok Nayak Bhawan, Khan Market, New Delhi. 3. The State of Bihar, through its Secretary, Ministry of Home. 4. The Director-cum-Deputy Secretary, Home (Spl.) Department, Govt. of Bihar, Patna. 5. The District Magistrate, Bhojpur, District- Bhojpur. .... .... Respondent/s =========================================================== Appearance : For the Appellant/s : Mr. Basant Kumar Choudhary, Sr. Advocate with Mrs.Usha Rai, Advocate. For Union of India : Mr.Mithilesh Kr. Rai, Sr. S.C. Govt. of India Mr. Gopesh Kumar, C.G.C. For the State : Mr. Tripurari Nath Ambastha, AC to S.C.15 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL JUDGMENT Dated: 9th December 2011 (Per: HONOURABLE THE CHIEF JUSTICE) Feeling aggrieved by the judgment and order dated 19th April 2011 passed by the learned single Judge in above CWJC No. 5728 of 2009, the writ petitioner has preferred this Appeal under Clause 10 of the Letters Patent. The matter at dispute is the entitlement of the appellant to receive the pension under Freedom Fighter Pension Scheme, 1972 framed by the Government of India. Earlier the appellant had been Patna High Court LPA No.1069 of 2011 dt.09-12-2011 2 / 2 2 extended the benefit of Pension. However, on investigation certain documents produced by the appellant were found to be dubious. Pending investigation, under order dated 5th April 1980 the Pension was suspended. Later after enquiry it was cancelled on 16th April 1990. Since the said order of cancellation of Pension the appellant approached this Court repeatedly in C.W.J.C. No. 1864 of 1995 and C.W.J.C. No. 9210 of 2000. Although the appellant lost in both writ petitions, he continued to pursue the matter with the State Government. Having failed before the State Government, the appellant again approached this Court in C.W.J.C. No. 5728 of 2009. The appellant’s petition has been rejected by the learned single Judge on the principle of constructive res judicata. Therefore, this Appeal. We agree with the learned single Judge. No case for interference is made out. Appeal is dismissed in limine. (R. M. Doshit, C.J.) (Birendra Prasad Verma, J) BTiwary/