Hon’ble SC while rejecting the appeal filed against the Bombay HC in the case P. Bandopadhya vs. Union of India, the impugned judgement was passed in the writ petition filled by former employee Overseas Communication Services (OCS) a department of government of India, stated that the principle of res judicata is applicable to writ petition as well.

Facts in short- by this petition under Article 226 of the Constitution of India the petitioners who were the employees of the erstwhile Department of Overseas Communication Services (OCS) of the Government of India absorbed in the services of the Videsh Sanchar Nigam Limited (for short ‘VSNL’) now known as ‘Tata Telecommunications Ltd-Respondent no.4, are seeking pensionary benefits under the Office Memorandum dated 5 July 1989 issued by the Government of India, Department of Pension and Pension Welfare.

Decision- The High Court rejects the plea and holding, they (petitioners) are not eligible to avail the pensionary benefits under the government of India as they had served for less than 10 years on the date of absorption into VSNL.

The bench comprising Justice Uday Umesh Lalit and Justice Indu Malhotra agreed with the High Court’s order and reiterated that the principles of res judicata are applicable in writ petitions also.