This court dismissed a writ petition wherein a widow sought direction to her deceased husband's former bank to consider a representation against his illegal termination. The court held the petition lacked merit due to delay, laches, and the widow's lack of locus standi since the husband had accepted the settlement payment.
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Neutral Citation No. - 2024:AHC:108162
Court No. - 4
Case :- WRIT - A No. - 7353 of 2024
Petitioner :- Smt. Mithlesh Sharma Respondent :- Punjab National Bank And 2 Others Counsel for Petitioner :- Harish Kumar Yadav Counsel for Respondent :- Ramesh Kumar Shukla
Hon'ble Ajit Kumar,J.
Tribunal passed in the year 1980 and admittedly accepted the settlement order in terms of receiving cheque for the amount paid to him, now controversy cannot be permitted to open. He might have contested the matter before the Ministry concerned but in my considered view a mere representation to various authorities for 2 to 4 decades would not condone the delay and latches on the part of the husband of the petitioner.
Order Date :- 4.7.2024 Deepika
Digitally signed by :- DEEPIKA SINGH High Court of Judicature at Allahabad
3 issues framed by the court
Whether a petition for challenging the termination of a deceased employee's service, filed by his widow after decades, is maintainable despite delay and laches.
Whether the widow of an employee who accepted a settlement payment has locus standi to challenge the removal order.
If the employee remained silent after receiving settlement payments but filed complaints before forums before death, does mere representation condone delay.
Smt. Mithlesh Sharma
Punjab National Bank and 2 Others
Ajit Kumar
Deepika Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
