S. B. SINHA, C. J.

( 1 ) WHETHER delay and laches on the part of the petitioners would debar them from obtaining an equitable relief under Article 226 of the Constitution of India, although a right in relation thereto arises from the judgment of the Apex Court, is the question involved in these writ petitions.

( 2 ) THE petitioners herein are the retired non-teaching staff of the respondent-Osmania University. The conditions of service of the non-teaching staff of the University are identical to those of the employees of the State Government. The State had been issuing various Government Orders from time to time in respect of the University.

( 3 ) BY reason of G. O. Ms. No. 36, Finance, dated 22-12-1983, the age of superannuation of the employees of the State was reduced from 58 years to 55 years. Pursuant to the said orders, the University by order in Univ. Order No. 915/53/1983/ Admn. II dated 22-2-1983 reduced the age of superannuation of its non-teaching staff also to 55 years from 58 years. The said order was questioned before this Court in WP No. 11524 of 1983, inter alia, praying therein that the age of superannuation of non-teaching staff should be 60 years and not 55 years. The said writ petition was allowed on 27-2-1983 by a learned single Judge of this Court holding that in terms of Section 38 of the University Act and the constitutional guarantee provided under Articles 14 and 16 of the Constitution of India, the salaried officers of the Osmania University are entitled to be continued in service till they attain the age of 60 years.

( 4 ) THE matter was carried in appeal by the University in WA No. 476 of 1987 arising out of WP No. 5031 of 1983. The said writ appeal was dismissed on 20-4-1989. The University filed an application for grant of special leave before the Supreme Court which was marked as SLP Nos. 14888-89 of 1989 and by order dated 7-2-1990 leave was granted, but the Apex Court refused to grant interim stay.

( 5 ) HAVING regard to the decision of this Court in WP No. 11524 of 1983 a Writ Petition was filed by some of the employees who retired at the age of 55 years between 1983 and 1990 being WP No. 11898 of 1990. Following its earlier decision in WA No. 476 of 1987, dated 20-4-1989, this Court allowed the said writ petition by an order dated 29-8-1990, the writ appeal filed there against being WA No. 1113 of 1990 was also dismissed. An application for grant of special leave was filed before the Apex Court. Leave was granted. However, the reinstatement of the employees who were respondents therein was stayed on the assurance by the University that "if the University fails in appeal the employees will be paid salary on the footing that they have worked upto the age of 60 years. The said SLP and SLP Nos. 14888-89 of 1989 were disposed of by the Supreme Court on 14-10-1997. The decision of the Apex court is reported in Osmania University v. V. S. Muthurangam and Ors. , 1997 (4) SCALE 416. The Apex Court held that having regard to the recommendations of the UGC when the age of superannuation of the teaching staff has been raised to 60 years, no practical difficulties stood in the way of University in giving effect thereto in relation to non-teaching staff also. We shall advert to the said decision a little later. The University filed a review petition but the same was also dismissed.

( 6 ) THEREAFTER the matter was considered by the University on 25-7-1998 and it was decided as under:i. To retire hereinafter the Non-Teaching Employees of the University from service on attaining the age of 60 years with consequential benefits treating the age of superannuation as 60 years. II. To pay consequential benefits like increments, leave salary, pension, etc. , to all those Non-Teaching Employees who were continued in service beyond 58 years and either retired on attaining the age of 60 or continuing in service till they complete the age of 60 and then retire. III. To pay all consequential benefits to the writ petiti

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