THE STATE OF RAJASTHAN & ORS. versus SURJI DEVI

THE STATE OF RAJASTHAN & ORS. versus SURJI DEVI

The writ petition filed in 2012 challenging the termination order dated 16.12.1996 was barred by delay and laches; the Single Judge erred in entertaining the petition and entering into merits despite the pending appeal and the passage of substantial time; therefore the High Court judgments quashing the termination order were set aside.

Parties
Appellant: The State of Rajasthan & Ors.; Respondent: Surji Devi
Jurisdiction
India
Judgment Date
07 October 2021
Procedural Posture
Civil Appeal / Appeal From High Court Decision
Outcome
Appeal allowed
Legal Topics
Writ Petition, Delay and Laches, Termination of Service, Natural Justice, Appeal Pending on Death, Superannuation, Rajasthan Panchayati Raj Act, 1994, Rajasthan Services Rules, 1951
Constitution of India Administrative Law Service Law Writ Petition Delay and Laches Termination of Service Natural Justice Appeal Pending on Death +3 more

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Parties

The State of Rajasthan & Ors.

Appellant

Surji Devi

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Decision

Legal Issues

  1. 1 Whether the writ petition filed in 2012 challenging the termination order dated 16.12.1996 was barred by delay and laches
  2. 2 Whether the Single Judge erred in entertaining the writ petition and deciding merits despite a pending appeal
  3. 3 Whether the order of termination could be quashed after such delay and after the death of the employee

Ratio Decidendi

The writ petition filed in 2012 challenging the termination order dated 16.12.1996 was barred by delay and laches; the Single Judge erred in entertaining the petition and entering into merits despite the pending appeal and the passage of substantial time; therefore the High Court judgments quashing the termination order were set aside.

Court Disposition

Appeal allowed

Orders

  • Impugned Division Bench judgment dated 01.03.2019 and Single Judge judgment dated 17.01.2017 quashed and set aside
  • No order as to costs