Union Of India & Anr vs M.M. Sarkar on 8 December, 2009
5. The Supreme Court very recently in Union of India and others vs. M.K.Sarkar reported in (2010) 2 SCC 59 in paragraphs 14, 15 and 16 had observed as follows:
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1 - 3 of 3 (0.33 seconds)Thressiamma Jacob vs Geologist, District Office Of The Dept. ... on 2 August, 1999
"14. The order of the Tribunal allowing the first application of respondent without examining the merits, and directing the appellants to consider his representation has given rise to unnecessary litigation and avoidable complications. The ill-effects of such directions have been consi0dered by this Court in C.Jacob v. Director of Geology and Miniting : (SCC Public Prosecutor 122-23 in para 9)
"9. The courts/Tribunals proceed on the assumption, that every citizen deserves a reply to his representation. Secondly, they assume that a mere direction to consider and dispose of the representation does not involve any 'decision' on rights and obligations of parties. Little do they realise the consequences of such a direction to 'consider'. If the representation is considered and accepted, the ex-employee gets a relief, which he would not have got on account of the long delay, all by reason of the direction to 'consider'. If the representation is considered and rejected, the ex-employee files an application/writ petition, not with reference to the original cause of action of 1982, but by treating the rejection of the representation given in 2000, as the cause of action. A prayer is made for quashing the rejection of representation and for grant of the relief claimed in the representation. The tribunals/High courts routinely entertain such application/petitions ignoring the huge delay preceding the representation, and proceed to examine the claim on merits and grant relief. In this manner, the bar of limitation or the laches gets obligerated or ignored."
Article 226 in Constitution of India [Constitution]
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