STATE FARM CORPORATION OF INDIA LTD & ANR Vs. RAM CHARAN AND ORS
LAWS(RAJ)-2012-2-242
HIGH COURT OF RAJASTHAN
Decided on February 09,2012

State Farm Corporation Of India Ltd And Anr Appellant
VERSUS
Ram Charan And Ors Respondents

JUDGEMENT

- (1.) These intra-court appeals arising out of the common order dated 03.11.2011 as passed in the connected writ petitions and involving similar and common issues, have been considered together; and are taken up for disposal by this common judgment.
(2.) By the impugned common order dated 03.11.2011, the learned Single Judge of this Court has considered and allowed the similar writ petitions wherein the petitioners sought directions against the appellant-State Farms Corporation of India Ltd., ('the Corporation') for giving them benefit of ex-gratia amount in terms of Voluntary Retirement Scheme dated 10.03.2000 ('the Scheme') as had been allowed in relation to the similarly situated employees, who had earlier filed the writ petitions in the year 2002, which were allowed on 04.08.2008 and ultimately, the matter was concluded with the Hon'ble Apex Court dismissing the Petition for Special Leave to Appeal as filed by the appellant-Corporation on 06.03.2009.
(3.) The writ petitions leading to the present intra-court appeals were filed in or about the month of June 2009 and the basic contention in opposition to the prayers as made in these writ petitions was that the petitions suffered from gross delay and laches. The learned Single Judge found untenable the contentions urged on behalf of the appellant-Corporation about delay and laches on the facts and in the circumstances of the case and, inter alia, said: - .......The Scheme itself provides a continuous day to day cause of action to all such similarly situated employees, who took voluntary retirement under the said Scheme and, therefore, the success of previous set of employees against the respondent Corporation only strengthens such a cause of action of present set of petitioners and even to those, who have not approached the court of law. Therefore, present writ petitions cannot be thrown out on the ground of delay and latches and the blame lies at the doors of respondent corporation rather than at the doors of present petitioners and those who have not approached the court of law. ;


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