TMI Blog2007 (1) TMI 558X X X X Extracts X X X X X X X X Extracts X X X X ..... ghly belated. It was noted that appellant was out of service in the year 1983 and the writ petition was filed in 2005. Appellant's case in a nutshell is as follows: Appellant was enrolled in Army Medical Corps, Lucknow in September, 1965. In 1982 he suffered from medical problem of weak eyesight and he became almost 80% disabled, despite being getting the treatment. Therefore, he was placed under low medical category by the Medical Board. He was relieved from the service being invalidated out of service. In 1983 appellant claimed disability pension for the 80% disability. It was rejected by the Chief Controller of Defence Accounts (Pension), Allahabad. Appellant claims that he had filed appeal before the appellate authority but th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... volved the matter is still within the discretion of the Court as pointed out in Durga Prasad v. Chief Controller of Imports and Exports and Ors. (AIR 1970 SC 769). Of course, the discretion has to be exercised judicially and reasonably. What was stated in this regard by Sir Barnes Peacock in Lindsay Petroleum Company v. Prosper Armstrong Hurd etc., (1874) 5 P.C. 221 at page 239 was approved by this Court in The Moon Mills Ltd. v. M.R. Meher, President, Industrial Court, Bombay and Ors. (AIR 1967 SC 1450) and Maharashtra State Road Transport Corporation v. Balwant Regular Motor Service, Amravati and Ors. (AIR 1969 SC 329), Sir Barnes had stated: Now the doctrine of laches in Courts of Equity is not an arbitrary or technical doctrine. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... igh Court does not ordinarily permit a belated resort to the extraordinary remedy because it is likely to cause confusion and public inconvenience and bring in its train new injustices, and if writ jurisdiction is exercised after unreasonable delay, it may have the effect of inflicting not only hardship and inconvenience but also injustice on third parties. It was pointed out that when writ jurisdiction is invoked, unexplained delay coupled with the creation of third party rights in the meantime is an important factor which also weighs with the High Court in deciding whether or not to exercise such jurisdiction. It has been pointed out by this Court in a number of cases that representations would not be adequate explanation to take care ..... X X X X Extracts X X X X X X X X Extracts X X X X
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