Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Principles to be applied delay and laches Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service jurisprudence - Service matters - Principles to be applied - Held: When a particular set of employees is given relief by the court, all other identically situated persons need to be treated alike by extending that benefit, or else would amount to discrimination and would be violative of Art. 14 - However, the principle is subject to exceptions in the form of laches and delays as well as acquiescence - Where judgment of the Court was in rem with intention to give benefit to all similarly situated persons, whether they approached the Court or not, the obligation is cast upon the authorities to itself extend the benefit thereof to all similarly situated person - And where judgment was in personam, the benefit of the said judgment shall accrue to the parties before the court - On facts, respondents challenged the cancellation order of their appointment after a period of nine years, on finding that some other persons whose appointment orders were also cancelled had got the relief - There was unexplained delay and laches in filing the claim petition after 9 years - Respondents have not joined the service nor working like the employees who succeeded in earlier case before the tribunal -Thus, respondents cannot be given appointment as of today, after a period of 27 years. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2014 INSC 576 |
Petitioner | Punjab State Electricity Board Now Punjab State Power Corporation Ltd. |
Respondent | Raj Kumar Goel |
SCR | [2014] 12 S.C.R. 171 |
Judgement Date | 2014-08-29 |
Case Number | 8366 |
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