The High Court summarily rejected a writ petition seeking family pension arrears. The court held the petition was barred by delay and laches as it was filed nearly 10 years after the death of the pension holder, exceeding the three-year limitation period for money recovery suits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
abs
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 3006 OF 2007
------------------------------------------------------------------------
Office Notes, Office Memoranda of :
coram, appearances, Court’s Orders: Court’s or Judge’s orders
or directions and Registrar Orders:
------------------------------------------------------------------------
Mr.B.P. Jadhade for the petitioner.
Mr.C.R. Sonawane, A.G.P. for
respondents no.1 to 5.
P.C. :
1. By this petition, the petitioner
claims that she is entitled to family
pension for the period between 1st
January 1996 and 19th August 1997. The
original pensioner was Raosaheb Lakshman
Raghunath Sane and on his death in the
year 1969, family pension was paid to
his widow Laxmibai. Laxmibai also died
on 19th August 1997. Admittedly,
therefore, no family pension is payable
after 19th August 1997. It is however
contended that from 1st January 1996
till 19th August 1997, Laxmibai was
entitled to family pension and the
petitioner, who is a grand-daughter
- 2 -
(daughter’s daughter) of the family
pensioner, is entitled to the arrears
from 1st January 1996 till 19th August
1997.
2. The writ petition has been filed
on 6th February 2007, that is after
lapse of nearly 10 years of the death of
Laxmibai. The period of limitation even
for a suit for recovery of money is 3
years. Petition filed after 10 years
for recovery of money allegedly by an
heir of Laxmibai cannot be entertained
as it is barred by delay and laches.
Writ petition is accordingly rejected
summarily.
(D.G. KARNIK, J.) (S.B. MHASE, J.)
1 issue framed by the court
Whether a writ petition filed over 10 years after the death of the pension holder for recovery of arrears can be entertained despite the statute of limitations bar for suits.
Petitioner
Respondents
D.G. KARNIK
S.B. MHASE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court