STATE OF RAJASTHAN Vs. J N V UNIVERSITY

JUDGEMENT

(1.) HON'ble MATHUR, J.-By the impugned judgment dated 13. 10. 2000, the learned Single Judge has directed the appellants herein to determine pension of the third respondent Pukh Raj Singhi by taking his eligible service between 18. 8. 1941 to 16. 11. 1982, that is to say untill before he joined the service of the University on 17. 11. 1962 as per the rules applicable from time to time with effect from the date of filing of writ petition i. e. 16. 8. 1994.

(2.) THE core question arises for consideration in this Special Appeal is as to whether a person, who has left the service by tendering resignation, is entitled to retrial benefits?

(3.) THE Apex Court in State of Punjab vs. Madan Singh (4), has held that when the Court exercising power under Article 226 of the Constitution comes to the conclusion that delay made by a party in a given case is not fatal, the appellate court would be reluctant to interfere with the decision. We do not find any justified reason to disturb the finding recorded by the learned Single Judge refusing to non-suit the third respondent on the ground of laches.