Narayan Chandra Saha vs State Of West Bengal on 4 June, 2021
There is a considerable delay in filing of the
writ petition, which the petitioner seeks to justify by
stating that there is no statutory period of limitation
and neither of the parties has suffered due to this
delay. It is the submission of the petitioner that
accordingly the petition should be allowed. The
petitioner relies upon an order in W.P. No. 17557 (W)
of 2017 (Narayan Chandra Saha Vs. State of West
Bengal & Ors.) wherein a co-ordinate Bench had
relied upon the Supreme Court judgement in the case
of Union of India Vs. Tarsem Singh, reported in
(2008) 8 S.C.C. 648 on the issue of limitation relating
to payment or re-fixation of pay or pension wherein
the Apex Court had held that relief may be granted in
spite of delay as it does not affect the rights of the
third party.