VidhiSangh

Supreme Court of India · 07/10/2021

THE STATE OF RAJASTHAN & ORS. versus SURJI DEVI

[2021] 8 S.C.R. 641 · 2021 INSC 631

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Summary

The Court set aside High Court orders granting a widow consequential service benefits after quashing her husband’s 1996 dismissal. The writ challenge was brought about fifteen years after dismissal and long after the date when he would have retired, while his statutory appeal remained pending. On these circumstances the writ should not have been entertained for delay and laches. The Court declined to examine the alleged illegality or breach of natural justice on the merits.

Issues

  1. Whether the High Court should have entertained the belated writ challenge to the deceased employee’s dismissal while his statutory appeal remained pending.
  2. Whether the alleged illegality and breach of natural justice required examination after the Court held the writ barred by delay and laches.

Provisions considered

Held

Result

State’s appeal allowed; Division Bench and Single Judge judgments quashed and set aside. No costs.

Judgment PDF: Supreme Court of India, [2021] 8 S.C.R. 641.