Research › Search › Judgment

Allahabad High Court · body

2016 DIGILAW 128 (ALL)

Saddu Ali v. State of U. P.

2016-01-11

D.Y.CHANDRACHUD, YASHWANT VARMA

body2016
JUDGMENT The special appeal has arisen from a judgment and order of the learned Single Judge dated 8 December 2015. 2. The appellant filed a writ petition claiming that his father was working as a Cook in Charkhari Estate between February 1924 and 1947 and he died on 7 October 1975. The appellant sought the grant of pensionary benefits to him to which his father was entitled during his life time. The petition was dismissed by the learned Single Judge on the ground that the claim pertains to the year 1947 and is barred by laches. 3. We are conscious of the legal position that the entitlement of an employee for the grant of pensionary benefits is a continuing cause of action. However, in the present case, the appellant seeks the grant of pensionary benefits which were due, according to him, to his father for the period between 1924 and 1947. The right, if any, accrued to the father in 1947. The father of the appellant died nearly forty years ago. In this background, the claim of the appellant is clearly barred by doctrine of laches. 4. The special appeal is dismissed. There shall be no order as to costs.