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SHREE CHANDRASHEKHAR, RATNAKER BHENGRA
State of Jharkhand – Appellant
Versus
Girija Devi W/o Late Chandeshwar Prasad Singh – Respondent
ORDER :
I.A. No. 1500 of 2019
1. This interlocutory application has been filed under section 5 of the Limitation Act for condonation of delay of 108 days.
2. Not only there is no serious opposition to this application filed under section 5 of the Limitation Act, having regard to the facts and circumstances in the case, this Court deems it proper to condone the delay of 108 days in filing the present Letters Patent Appeal and, accordingly, I.A. No. 1500 of 2019 is allowed.
LPA No. 122 of 2019
3. W.P. (S) No. 6661 of 2007 was filed by Chandeshwar Prasad Singh and Pramod Singh with the following prayers:
(ii) For the issuance of an appropriate writ order direction commanding upon the respondents to release the arrears of difference of salary from the date of their appointment on the post of Dressing Assistant because they have been paid lesser to the scale.
(iii) For the issuance of an app
The main legal point established is that the writ court must consider all relevant facts and circumstances, including delay and laches, and whether the grant of relief is against public policy or bar....
The court established that inordinate delay in seeking legal remedy, especially in service-related claims, can bar relief, and that the doctrine of delay and laches is a critical consideration in the....
The court established that delays in service-related claims do not bar relief if based on a continuing wrong, and benefits should be calculated from the date of filing the writ petition.
Compassionate appointments are substantive and entitled to regular pay-scale from the initial appointment date, with arrears limited to three years prior to filing due to delay.
The main legal point established in the judgment is that the power of review can only be exercised if provided under the Statute, and decisions should not be recalled unilaterally and arbitrarily onc....
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