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february 2008

Supreme Court of India · 2008-02-07

Dy. Director Of Education,Nagpur & Anr vs Mangal & Ors

Court
Supreme Court of India
Petitioner
Dy. Director Of Education,Nagpur & Anr
Respondent
Mangal & Ors
Bench
H.K. Sema, Markandey Katju

Judgment text excerpt

The Supreme Court held that the High Court erred in entertaining a writ petition filed after a delay of almost 30 years, emphasizing that delay defeats equity and that discretionary relief under Article 226 of the Constitution is equitable in nature. The Court ruled that the respondent's claim for pension and pensionary benefits was barred by laches and negligence, leading to the dismissal of the writ petition. Consequently, the order of the High Court was set aside, and the appeal by the State was allowed.

Dy. Director Of Education,Nagpur & Anr vs Mangal & Ors · Niyam