D.K.JAIN, T.S.THAKUR
Uttaranchal Pey Jal S. V. A. N. Nigam – Appellant
Versus
Arvind Garg – Respondent
Judgment :
Leave granted.
Since this batch of appeals involve a similar issue, they are disposed of by this common order.
The short question for consideration in these appeals is whether the employees of the appellant Nigam were entitled to continue in service upto the age of 60- years, in the light of the decision of this Court in Harwinder Singh's case (2005) 13 SCC 300, despite the fact that they did not challenge their retirement and collected the post retirement benefits.
A similar issue came up for consideration of this Court in U.P. Jal Nigam & Anr. vs. Jaswant Singh & Anr. 2006 (11) SCC 464, wherein applying the doctrine of laches, it was held that no relief could be granted to the persons who had approached the Court after their retirement. Only those persons who had filed the writ petitions when they were in service or who had obtained interim orders for their retirement, could be allowed to benefit from the decision in Harwinder Singh's case (supra).
Pursuant to our order dated 26th October, 2009, an affidavit has been filed by the Executive Engineer, Uttaranchal Pey Jal Nigam. In the said affidavit information with regard to the date of retirement of each of the responde
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