Ram Niwas Bedharak vs Union Of India & Anr.
2011 Latest Caselaw 3314 Del

$~10
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
                               Date of Decision: 13th July 2011.

+      W.P. (C) No.4817/2011

       RAM NIWAS BEDHARAK                      ..... Petitioner
                    Through: Mr.S.R. Kalkal, Advocate.

                          versus

    UNION OF INDIA & ANR.                ..... Respondents

Through: Mr.Himanshu Bajaj, Advocate for R-1 to R-4.

CORAM:

HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE SUNIL GAUR

1. Whether the Reporters of local papers may be allowed to see the judgment?

2. To be referred to Reporter or not?

3. Whether the judgment should be reported in the Digest?

PRADEEP NANDRAJOG, J (Oral)

1. From a perusal of the pleadings in O.A.No. 426/2010 we find that that the petitioner has referred to case law on the subject: being the decisions of the Supreme Court, holding that on a claim for pension/disability pension, bar of limitation would not apply and if there is a delay in preferring the claim, relief could be moulded by denying the pension from the date it was found due and payable; the benefit of the claim could be restricted to a period of 3 years preceding the date when the party approached the Court.

2. Impugned decision dated 27.7.2010 dismisses O.A.

No. 426/2010, in which claim was for grant of invalid pension, holds that the petition/ application before the Tribunal was a belated claim. It has been opined that cause of action had arisen somewhere in the year 1990 and applicant approached the Tribunal after 20 years; then dismissing O.A. on the bar of delay.

3. We find that the Tribunal has not even bothered to note the case law cited in the original application itself. 4 decisions which have been highlighted therein. First is the decision reported in SLR 1992(3) 662, 'Roshan Lal vs. UOI' the second being 104(2003) DLT 5, 'Constable Jasbir Singh vs. UOI & Ors.' ; the third being 2007 (2) SCT 72 (SC), 'Shiv Das vs. UOI & Ors.' and the last being 2009(1) AISLJ 371, 'UOI vs. Tarsem Singh'.

4. Accordingly, we dispose of the writ petition setting aside the impugned order dated 27.7.2010. O.A. No. 426/2010 is restored for adjudication on merits by the Tribunal.

5. Parties shall appear before the Registrar of the Tribunal on 1st August, 2011. The Registrar would do the needful upon production of certified copy of the present decision.

6. No costs.

7. Dasti.

PRADEEP NANDRAJOG, J

SUNIL GAUR, J JULY 13, 2011/rs