J.CHELAMESWAR, A.K.SIKRI
STATE OF UTTAR PRADESH – Appellant
Versus
ARVIND KUMAR SRIVASTAVA – Respondent
Key Points: - Normal rule: similarly situated persons should not be treated differently; extending benefit to others is required to avoid Article 14 discrimination (!) . - Exceptions: laches, delays, and acquiescence can bar extension of benefits to belated applicants (!) . - When judgment is in rem, benefits may be extended to all similarly situated persons regardless of who approached Court (!) . - In present case, respondents delayed 9 years to challenge cancellation of appointments; Court held disproportionate to grant relief 27 years later, citing laches and age considerations (!) (!) . - Tribunals/Courts have extended or denied relief in various cases depending on whether parties acted promptly, the presence of finality, and whether the judgment was general (in rem) or targeted (in personam) (!) (!) (!) (!) . - The decision overruling earlier tribunals/high court relief to belated applicants based on delay and acquiescence, while emphasizing that cases with in rem judgments may impose broader obligations (!) (!) . - References to several illustrative judgments establishing the framework for extending benefits to similarly situated employees, including Inder Pal Yadav, K.C. Sharma, and others cited in the judgment (!) (!) . - The present judgment ultimately allows the appeal, reversing prior extensions of relief to the belated respondents due to nine-year delay and long subsequent time lapse (!) .
Judgment
A.K. SIKRI, J.
Leave granted.
2) This appeal, preferred by the State of Uttar Pradesh and its functionaries, assails the order of the High Court whereby the writ petition filed by the appellants has been dismissed and the order of the Uttar Pradesh Public Services Tribunal, Lucknow (for short, 'the Tribunal') passed in favour of the respondents herein, is affirmed.
3) To mention at the outset, the Tribunal as well as the High Court has given the respondents herein benefit of the order passed by the Court in earlier round of litigation filed by similarly situated persons. The appellants contend that as far as these respondents are concerned, they never approached the Court seeking such a relief and were only fence-sitters and, therefore, relief should not have been granted to them even if they were similarly situated as those persons who have been granted relief in the petitions filed by them. Respondents, on the other hand, contend that once it is found that both sets of persons are identically placed, the impugned orders granting them the same benefit are in tune with the constitutional mandate enshrined in Article 14 of the Constitution of India.
4) Such a situation has not o
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