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S. M. SUBRAMANIAM
S. Neelakandan – Appellant
Versus
Deputy Secretary to Government, Transport (RW1) Department, Secretariat, Chennai – Respondent
ORDER :
1. The order of rejection, rejecting the claim of the writ petitioner for sanction of pension with effect from 01.01.1988 as per the G.O.Ms.No.42, Transport (RW) Department dated 27.05.2005 is under challenge in the present writ petition.
2. The writ petitioner at the time of filing of the writ petition was aged about 78 years and now he would be around 82 years. The petitioner had admittedly exercised his option on 03.12.1974 and as per the option exercised by the writ petitioner in the year 1974, all his benefits were settled at the time of retirement on 30.06.1996.The writ petition has been filed in the year 2019 after a lapse of about 23 years from the date of retirement.
3. The learned counsel for the petitioner status that the petitioner earlier filed a writ petition in the year 2016, then also it was filed after 20 years from the date of retirement of the writ petitioner and more so, after receiving all the terminal and pensionary benefits at the time of retirement. If such belated and lapsed claims are entertained by this Court, it will result in opening of Pandora Box. Many such similarly placed persons will approach the Court of Law for pensionary benefits with retro
The main legal point established in the judgment is that belated claims for pensionary benefits may be denied on the grounds of latches and delays, considering the financial burden on public sector u....
The main legal point established in the judgment is the application of the doctrine of delay and laches in service-related disputes, emphasizing the importance of timely pursuit of claims and the exc....
Delay and latches can impact the entertainability of writ petitions.
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....
Delay in pursuing pension revision claims can bar relief due to laches, emphasizing the need for timely action to enforce rights.
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