AMRUTBHAI SHIVABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned order passed by the learned Single Judge dated 09.03.2016 passed in Special Civil Application No. 3803 of 2016, by which, the learned Single Judge dismissed the said petition on the ground of delay and laches, the original petitioner has preferred present Letters Patent Appeal under Clause 15 of the Letters Patent.

(2.) Shri T.R. Mishra, learned advocate for the appellant herein original petitioner has restricted the present appeal qua relief sought in para 8(C) of the main petition i.e. with respect to the pensionary benefits. Even otherwise, it is required to be noted that while issuing the notice in the present appeal, earlier Division Bench of this Court restricted the present appeal qua prayer in terms of of para 8(C) of the main petition i.e. with respect to the pensionary benefits. Under the circumstances, as such we are not required to consider the legality and validity of the impugned order passed by the learned Single Judge in so far as rejecting the petition challenging the order of compulsory retirement, which was challenged after a period of approximately 10 years.

(3.) Shri T.R. Mishra, learned advocate for the appellant herein original petitioner has submitted that as such learned Single Judge has dismissed the petition and has refused to grant all the reliefs including prayer in terms of para 8(c) i.e. with respect to the pensionary benefits on the ground of delay and laches. However, relying upon the decision of the Hon'ble Supreme Court in the case of Asger Ibrahim Amin v. Life Insurance Corporation of India, 2016 13 SCC 797 as well as another decision in the case of Union of India and ors v. Tarsem Singh, 2008 8 SCC 648, it is requested to consider the prayer of the petitioner with respect to pensionary benefits on merits. Relying upon the aforesaid decisions, it is vehemently submitted by Shri Mishra, learned advocate for the original petitioner that when denial of pension/ pensionary benefits can be said to be continuance / recurring / successful wrongs, the delay may not come in the way of the petitioner. It is submitted that as observed by the Hon'ble Supreme Court at the most prayers should be restricted to three years prior to filing of the writ petition.