Allahabad HC says that Pension’s non-payment is an ongoing wrong
In a case,
the petitioner had tried to get family pension in his late mother’s favour
including the interest. The petitioner’s writ petition was dismissed as the
mother had not claimed and had not come before the Court when she was alive. The
petitioner came up asking for pension very late i.e. after 35 years of his
father’s death, the Single Judge stated. Dhananjaya Yeshwant Chandrachud, Chief
Justice and Yashwant Varma, Justice of the Allahabad High Court set aside the
Single Judge’s order which dismissed the petitioner’s petition on the delay and
laches or limitation reason and said to file it again before the Single Judge
for fresh disposal. The Court noted that continuing or successive wrongs or
delay or laches or limitation cannot prevent the claim till the claim does not
muddle with the rights of third parties which may have generated in interim
time.
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