Naran Chandra Sahana vs The State Of West Bengal & Ors on 31 July, 2014
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
2
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.