Union Of India And Another vs Mohd. Yunush
2017 Latest Caselaw 2878 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 38
 

 
Case :- WRIT - A No. - 33686 of 2017
 

 
Petitioner :- Union Of India And Another
 
Respondent :- Mohd. Yunush
 
Counsel for Petitioner :- Saurabh Srivastava
 

 
Hon'ble Ran Vijai Singh,J.

Hon'ble Ifaqat Ali Khan,J.

We have heard Sri Saurabh Srivastava, learned counsel for the petitioner. 

While assailing the impugned order dated 31.03.2017 passed by Central Administrative Tribunal, Allahabad Bench at Allahabad in Original Application No.330/00079 of 2015 (Mohd. Yunush Vs. Union of India and Another), learned counsel for the petitioner contends that respondent has retired from service in the year 2010 and entire deduction was made before his retirement, but no grievance was raised by the respondent before any Court of Law. It is contended that in view of section 20 of the Central Administrative Tribunal, Allahabad the limitation for filing the Original Application 1 year from the date of order under challenge. The contention is that entire deduction was before the  retirement of the petitioner, therefore, the claim petition was maintainable only up to 2011 and not thereafter. It is submitted that this fact has been specifically stated in the counter affidavit but the tribunal has not tested the question of limitation and its jurisdiction to proceed with the matter. Prima facie, there appears to be some substance in the submission of learned counsel for  the petitioner.

Matter requires scrutiny.

Issue notice to respondent through registered post.

Steps be taken within ten days.

Without prejudice to the rights and contents of the parties, till the next date of listing, effect and operation of the impugned order dated 31.03.2017 passed by Central Administrative Tribunal, Allahabad Bench at Allahabad in Original Application No.330/00079 of 2015 (Mohd. Yunush vs. Union of India and Another) shall remain stayed.

Order Date :- 1.8.2017

Swati