Back
TARLOK SINGH CHAUHAN, SATYEN VAIDYA
Meena Devi – Appellant
Versus
HP State Electricity Board Ltd. – Respondent
JUDGMENT :
Tarlok Singh Chauhan, J.
The petitioner was engaged as a sweeper on daily wage basis in the office of respondent No.2 on 21.7.1997 and worked as such till 24.1.1998. The petitioner gave birth to a child on 18.1.1998 and prior to that she submitted an application on 7.1.1998 for sanctioning of maternity leave, on account of her delivery. However, the leave was not sanctioned and rather the services of the petitioner were ordered to be terminated. Unfortunately, the petitioner kept mum, for over a decade and eventually approached this Court by way CWP No. 11355 of 2011, which came to be disposed of on 1.1.2013 by passing the following order:
2. Consequently, the present petition is disposed of with a direction to respondent No.1 to decide the representation made by the petitioner by passing a speaking order within a period of three months from today. The pending application(s), if any, are also disposed of. No costs.”
2. In compliance to the directions passed by this Court, the respondents-Board considered and decided the
While exercising extraordinary jurisdiction under Article 226 of Constitution; delay defeats equity and delay cannot be brushed aside without any plausible explanation.
Point of Law : Doctrine of delay and laches should not be lightly brushed aside. A writ court is required to weigh the explanation offered and the acceptability of the same. The court should bear in ....
Representations relating to a stale claim or dead grievance does not give rise to a fresh cause of action.
Delay in challenging promotions can bar relief; timely action is crucial in promotion matters.
The main legal point established in the judgment is the principle of delay and laches in seeking relief after retirement, emphasizing that such claims should be made within a reasonable time and that....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
