LPA No. 344 of 2011 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH * * * * * LPA No. 344 of 2011 Date of decision : 25.7.2011 * * * * * Harbans Singh ..........Appellant Versus State of Punjab and another ..........Respondents * * * * * CORAM: HON'BLE MR. JUSTICE M.M KUMAR HON'BLE MR. JUSTICE GURDEV SINGH * * * * * Present: Mr. M.S Bedi, Advocate for the appellant. * * * * * 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the digest? M.M KUMAR, J. Instant appeal under Clause X of the Letters Patent Act is directed against the judgment dated 27.11.2009 rendered by the learned Single Judge rejecting the claim made by the appellant for the payment of interest @ 18 % on delayed payment of pensionary benefits i.e gratuity amounting to Rs.3,14,820/- amount under the Group Insurance Scheme Rs. 18,626/-, leave encashment Rs.1,90,800/- and another amount of Rs.37,952/-. The learned Single Judge has opined that the appellant had earlier filed CWP No.16589 of 2004 which was disposed of on 28.5.2007 as having become infructuous. However, his prayer for claiming interest was LPA No. 344 of 2011 2 not accepted. Although, there is no express reflection of the prayer in the order dated 25.8.2007. The order has been reproduced in the impugned judgment and it is not contested that the interest for delayed payment has been claimed in the earlier petition. In the said circumstances, the principle of Constructive Res Judicata which are applicable to the writ petition also and are laid down under Order 2 Rule 2 read with Sub Section 4 of Section 11 of CPC would be attracted. The aforesaid question regarding payment of interest cannot be reopened by filing another petition. The view taken by the learned Single Judge is unexceptional and does not deserve to be interfered. Dismissed. ( M.M KUMAR ) JUDGE July 25, 2011 ( GURDEV SINGH ) ritu JUDGE