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Smt. Rajmata Vijai Raje SIndia and anr. Vs. State of Uttar Pradesh and ors. - Court Judgment

LegalCrystal Citation
SubjectLimitation
CourtSupreme Court of India
Decided On
Reported inAIR1986SC756; 1978LabIC1641
AppellantSmt. Rajmata Vijai Raje SIndia and anr.
RespondentState of Uttar Pradesh and ors.
Excerpt:
- sections 43 & 85: [r.v. raveendran & markandey katju,jj] salary and allowance -financial assistance provided by state government in form of grant-in-aid to co-operative society continuously for some years - fact that society answer definition of state would not make state government responsible to bear and pay salaries and allowances of its employees by extending aid forever - remedy of employees is by approaching forum under appropriate labour legislation or co-operative societies act and not under article 226 of constitution......been dismissed on the technical ground being barred by limitation. we may observe that the petition was filed within a period of 4 months. the impugned order is, therefore, set aside and the writ petition no. 8827 of 1978 filed by smt. vijai raje sindia and anr. is remanded back to the high court for disposal on merits in accordance with law.3. the appeal is disposed of accordingly with no order as to costs.
Judgment:
ORDER

1. Leave granted.

2. It was not disputed before us that there is no limitation prescribed for the purpose of filing a writ petition against any executive action that might be impugned. Ordinarily the writ petitions are expected, to be filed without any laches. In this case since the petition was filed not within 90 days, which was erroneously regarded as a prescribed period of limitation the petition has been dismissed on the technical ground being barred by limitation. We may observe that the petition was filed within a period of 4 months. The impugned order is, therefore, set aside and the Writ Petition No. 8827 of 1978 filed by Smt. Vijai Raje Sindia and Anr. is remanded back to the High Court for disposal on merits in accordance with law.

3. The appeal is disposed of accordingly with no order as to costs.


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