1 S.B. Civil Writ Petition No.5172/09 (Smt. Munni Devi Vs. State of Raj. & Anr.) Date of order: 22.05.2009 HON'BLE MR. PRAKASH TATIA, J. Mr. KK Shah for the petitioner. Heard learned counsel for the petitioner. The petitioner's who joined the service 11.3.1999 and whose services was terminated as back as 16.4.1999 vide Annexure.5 on the ground that only one of the members of family could have been given appointment and petitioner's another family member is already in service of respondent, therefore, her application was illegal. According to learned counsel for the petitioner, the very basis for which the order dated 16.4.1999 was passed was found to be illegal in another judgment of this Court. In the case of persons like petitioner it was ordered to enquire why the such employee's service were terminated. Even petitioner was asked to submit her case by communicated on 24.7.1999. It is submitted that petitioner's matter has yet not been decided by the respondents. The petitioner's counsel submits that delay may not come in way of 2 the petitioner because of the reason that order dated 16.4.1999 was passed illegally and petitioner's matter is pending before the respondents. The petitioner's service was terminated on 16.4.1999 and she did not choose to challenge the order and she was asked to submit her case on 24.7.1999 and now in the year 2009 she has approached this Court to challenge the order dated 16.4.1999 on the ground that since in another matter relief has been granted to the employees who challenge the order in time have been granted relief. It is settled law that if person sitting on the fence cannot take benefit of the judgment given in another's case and is not entitled to relief if he/she has accepted the order passed against him/her and has approached the Court after delay. In view of the above reason, I do not find any merit in the case, therefore, this writ petition is dismissed. (PRAKASH TATIA), J. arti