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Supreme Court of India 2020-01-30 allowed

Chairman/Managing Director, U.P. Power Corporation Ltd. & others vs Ram Gopal

Bench: 3 — S. A. Bobde, B. R. Gavai, Surya Kant

In Brief

The respondent, Ram Gopal, was terminated in 1978 following cancellation of a recruitment selection. Another employee, Shyam Behari Lal, similarly terminated, later obtained equitable relief and was retained in service after 17 years of employment. Ram Gopal filed a writ petition in 1990, claiming parity. The Supreme Court held that such equitable relief, being a judgment in personam, does not automatically extend to others. More critically, Ram Gopal's 12-year delay from termination to filing the petition was fatal; courts should exercise discretion reluctantly towards those who acquiesce and approach late. The appeal was allowed and his writ petition dismissed."

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Constitutional Law Administrative Law Service Law Delay and Laches Equity Writ Jurisdiction

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