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2003 Supreme(Del) 870

VUENDER JAIN, VIJENDER JAIN
KRISHAN CHANDER – Appellant
Versus
DELHI TRANSPORT CORPORATION – Respondent


Advocates Appeared:
Hemant Arya, P.O.BHAINSVAL KALAN, Sharbani Chakraborty

Vijender Jain, J.

( 1 )

( 2 ) THIS case is squarely covered by the decision of this Court in Baljeet Singh Vs. Delhi Transport Corporation 2000 II AD (Delhi) 88 and Shri Kuldeep Singh Vs. Delhi Transport Corporation CW. 1137/96 decided on 13. 8. 2002 as well as catena of cases decided by Supreme Court in Kunwar Pal Singh Vs. Delhi Transport Corporation and Ors. Civil Appeal No. 1864/2000 arising out of SLP (C) 7997/99 and recent judgment of Supreme Court in Kunal Singh Vs. Union of India AIR 2003 SC 1623.

( 3 ) IN view of specific provision of the Section 47 of the Act, I do not agree with the argument of counsel for the respondent that there is inordinate delay in filing the writ petition. The petitioner was prematurely retired on 9. 9. 96. Petitioner filed the appeal on 24. 4. 97. The appeal of the petitioner was decided on 5. 11. 98. When the Act which was a beneficial piece of legislation for the employees who are entitled for benefit in view of Section 47 of the said Act the respondent cannot say that there was delay in filing the writ petition. Counsel for the respondent has contended that petitioner was paid a sum of Rs. 41733. 00 as compensation. In my considered opinion ev

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