LILAWATI DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and the learned Addl. Standing counsel appearing for the respondents and perused the writ petition, the order violation of which has been complained and also the show cause filed on behalf of the respondents.

(2.) FROM the relief prayed for in the writ petition it seems that the petitioner has challenged the order of removal of her deceased husband from the post of Rakshak passed on 31.12.1970 and confirmed in appeal vide order dated 11.1.1971, contained in Annexure 2, after lapse of 33 years and the learned counsel got the writ petition disposed of in terms of the general order passed on 19.9.2003 with several other writ petitions without bringing to the notice of the Court that the matter is not covered for disposal in terms of general order as the petitioner has challenged the order of removal of her deceased husband from service. This matter has come up on filing of affidavit by the petitioner under the advice of the learned counsel pursuant to the liberty granted in the general direction complaining its non -compliance.

(3.) IT is really unfortunate that the learned counsel has got the writ petition disposed of in terms of the general direction obviously for oblique purpose so that the writ petition may not be dismissed in limine on the ground of gross delay and laches. This is also evident from the fact that even later no petition was filed for recall of the order as is usually done in the matter where the learned counsel failed to appear at the time of disposal of the case. Moreover, the mentioning of the subject as "Retirement Benefits -Family Pension -Group ii(iv)" also shows the malafide of the counsel as according to the relief prayed the matter does not relate to Retirement Benefit. In fact, filing of the writ petition itself and that too by mentioning aforementioned subject was completely ill -advised as it suffered from gross delay and laches.