Dismissed

Smt.Nirmala Devi and Another v. the Union of India and 3 Others

Allahabad HC23 Aug 2022WRIA/12184/2022

Case brief

AI extract

What is this about?

This writ petition sought a direction to decide old applications and appoint the petitioner under dying in harness rules. The petitioner failed to explain a delay of over 20 years. The court dismissed the petition on grounds of delay and laches.

What did the court decide?

The prayer for issuing a writ of mandamus directing the response authorities to decide the applications and appoint the petitioner under dying in harness rules was dismissed.

Smt.Nirmala Devi and Another Vs the Union… — Pension and Retirement Benefits | Allahabad HC (2022)

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Court No. - 32 Case :- WRIT - A No. - 12184 of 2022 Petitioner :- Smt.Nirmala Devi And Another Respondent :- The Union Of India And 3 Others Counsel for Petitioner :- Prabhat Chandra Mishra Counsel for Respondent :- A.S.G.I.

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the petitioners and Shri Shesh Mani Mishra, learned A.S.G.I. for respondent no. 1 to 4.

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By this petition, the petitioners have prayed for the following relief:-

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"Issue a writ, order and direction in the nature of mandamus directing the respondent no.2 Divisional Railway Manager, North Central Railway, Allahabad to decide the application dated 10.11.2010 & 17.04.2021 submitted by the petitioners (Annexure Nos.3 & 7 to this writ petition).

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Issue a writ, order and direction in the nature of mandamus directing the respondent authorities to appoint the petitioner no.2 in anywhere in the railway department under the dying in harness rules."

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Learned counsel appearing for respondents has submitted that the petition is highly belated. As per the admitted case of the petitioners that Shri Munesh Pal went missing in the year 1991 and as per Section 108 of the Evidence Act he was deemed to have died on 08.12.1999. The petition has been filed after a delay of more than 20 years and therefore, the petition is liable to be dismissed on the ground of delay and latches.

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On due consideration to the argument advanced as well as perusal of the record, it appears that the petitioners have not explained the delay and latches in filing of the writ petition at all and even otherwise as per Annexure No. 1 of the petition, Shri Munesh Pal was engaged as a casual labor and was not permanent employee of the Indian Railways. Since the petition has been filed after a delay of more than 20 years that too unexplained, the petition is dismissed on the ground of delay and latches.

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Order Date :- 23.8.2022 RC

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Digitally signed by RAM CHANDER YADAV Date: 2022.08.24 09:36:34 IST Reason: Location: High Court of Judicature at Allahabad

Smt.Nirmala Devi and Another v. the Union of India and 3 Others

Case brief

What is this about?

What did the court decide?

Smt.Nirmala Devi and Another v. the Union of India and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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