Lekhram Barai vs The State Of West Bengal & Ors
2025 Latest Caselaw 1631 Cal/2

Calcutta High Court

Lekhram Barai vs The State Of West Bengal & Ors on 21 May, 2025

Author: Arindam Mukherjee

Bench: Arindam Mukherjee

ORDER SHEET
                                                                                   OD-5

                      IN THE HIGH COURT AT CALCUTTA
                     CONSTITUTIONAL WRIT JURISDICTION
                               ORIGINAL SIDE

                              WPO No. 2358 of 2022

                             LEKHRAM BARAI
                                 VERSUS
                     THE STATE OF WEST BENGAL & ORS.


  BEFORE:
  The Hon'ble JUSTICE ARINDAM MUKHERJEE
  Date: 21st May, 2025.



                      Mr. Tapan Kumar Mukherjee, Sr. Adv., Ms. Anjusri Mukherjee, Adv. for
                                                                   the State respondents.

Ms. Poulami Chattopadhyay, Adv. for respondent Corporation.

The Court :- One of the issues which fell for consideration in this writ

petition is the limitation as to the claim of the service related claim of the

petitioner. In Union of India & Ors. Vs. Tarsem Singh reported in (2008) 8

SCC 648 it has been held that except in case of continuing cause a claim beyond

three years in case of an action brought before the Tribunal is to be rejected on

the ground of limitation, while if the same is the subject matter of a writ petition

then it has to be rejected on the ground of inordinate delay. This ratio was

upheld subsequently in two other judgments of the Supreme Court. However, a

Division Bench judgment of this Court delivered on 5 th January, 2023 was not

brought to the notice of this Court where on the ground of promissory estoppel a

claim made much beyond three years was allowed. This judgment was, however,

not placed before this Court but came to the notice of this Court subsequently.

This writ petition has been brought into the list for allowing the parties to

deliberate on the Division Bench judgment as aforesaid.

Let this matter appear on 27th June, 2025 under the heading 'For Orders'.

(ARINDAM MUKHERJEE, J.)

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