Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2007 (5) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2007 (5) TMI 561 - SC - Indian LawsRetirement benefits - Held that:- Appeal dismissed. The legal effect of the order passed by the learned Single Judge could be that he became entitled to receive all retiral benefits. Thus, it is permissible for him to raise all contentions in support of the order passed by the learned Single Judge, in terms of the provisions contained in Order 41, Rule 33 of the Code of Civil Procedure and the principles akin thereto. Furthermore, the respondent has retired as far back as on 01.11.1996. At this late stage, we are of the opinion that we should not allow an illegality to be perpetuated which is otherwise apparent on the face of his record. Therefore, are of the opinion that although the learned Single Judge and also the Division Bench of the High Court may not be correct in passing the impugned judgments, we should in exercise of discretionary jurisdiction under Article 142 of the Constitution of India, should allow the Writ Petition of the respondent to do complete justice to the parties.
|