Supreme Court of India · 2013-02-11
Lakshmibai Nat.Inst.Of Phy.Edu.& Anr vs Shant Kumar Agrawal
- Court
- Supreme Court of India
- Petitioner
- Lakshmibai Nat.Inst.Of Phy.Edu.& Anr
- Respondent
- Shant Kumar Agrawal
- Author
- G. S. Singhvi
- Bench
- H.L. Gokhale, G.S. Singhvi
Judgment text excerpt
The Supreme Court addressed the issue of whether a respondent could rely on a trial court's decree regarding his date of birth after it had been reversed by a higher court. The Court held that the respondent's reliance on the trial court's judgment was misplaced, as the decree was no longer valid due to the appellate court's ruling that the suit was barred by limitation. Consequently, the Court upheld the decision of the appellants to retire the respondent based on the original date of birth recorded in his Higher Secondary School Certificate, rejecting his claim for continued service beyond superannuation.