Supreme Court of India
Vijay Kumar Kaul and Others v. Union of India and Others
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
3 Supreme Court benches have cited this judgment.
What the Court ordered
For the reasons recorded above, the writ petition is partly allowed and the order of the tribunal is quashed to the extent it grants 50% back wages.
Judgment, page 12
From the headnote
SERVICE LA w· Seniority - Delay in making claim for seniority - Effect of - Held: Claim for seniority is to be put forth within a reasonable period of time - Belated approach is not permissible as in the meantime interest of third parties gets ripened - The acts done during the interregnum are however important factors and should not be lightly brushed aside - It becomes an obligation to take into consideration the balance of equity in entertaining the petition or declining it on the ground of delay and /aches - In the case at hand, appellants were appointed w.e.f. 1993 and 1996 respectively
Authorities it was built on
- 1962 Udit Narain Singh Malpaharia v. Additional Member, Board of Revenue, Bihar
- 1974 P.S. Sadasivaswamy v. The State of Tamil Nadu
- 2010 Public Service Commission, Uttaranchal v. Mamta Bisht and Ors.
- 2006 Karnataka Power Corporation Limited and Anr. v. K. Thangappan and Anr.
- 2006 Indu Shekhar Singh and Ors. v. State of U.P. and Ors.
- 2008 City and Industrial Development Corporation v. Dosu Aardeshir Bhiwandiwala & Ors.
- 2008 Maharaj Krishan Bhatt and Anr. v. State of J & K and Ors.
- 1997 K.C. Sharma and Ors. v. Union of India
- 2006 State of Karnataka and Ors. v. C. Lalitha
Where later benches applied it
- 2013 State of Rajasthan v. Ucchab Lal Chhanwal
- 2020 Chairman/managing Director, U.P. Power Corporation Ltd. & Others v. Ram Gopal
- 2015 Poonam v. State of U.P. & Ors.
Of those, 1 relied on · 2 referred to
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