NARESH KUMAR versus DEPARTMENT OF ATOMIC ENERGY AND ORS.

NARESH KUMAR versus DEPARTMENT OF ATOMIC ENERGY AND ORS.

The relief claimed is misconceived and cannot be granted; the appellant, having exercised pro-rata pension option and received the benefit, cannot alter the option later. There was also unexplained delay and laches, justifying the dismissal of the writ petition and appeal.

Parties
Appellant: Naresh Kumar; Respondents: Department of Atomic Energy and Ors.
Jurisdiction
India
Judgment Date
08 July 2010
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
Appeal dismissed
Legal Topics
Pension, Pro Rata Pension, Combined Service Pension, Delay and Laches, Settled Practice
Service Law Pension Pro Rata Pension Combined Service Pension Delay and Laches Settled Practice

Case Brief

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Parties

Naresh Kumar

Appellant

Department of Atomic Energy and Ors.

Respondents

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the appellant can change his option from pro-rata pension to combined service pension for the service rendered under DAE and NPCIL.
  2. 2 Whether the delay in approaching the court bars the appellant from relief.

Ratio Decidendi

The relief claimed is misconceived and cannot be granted; the appellant, having exercised pro-rata pension option and received the benefit, cannot alter the option later. There was also unexplained delay and laches, justifying the dismissal of the writ petition and appeal.

Court Disposition

Appeal dismissed

Orders

  • Parties to bear their own costs