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MANMOHAN, ASHA MENON
Naseem Ahmad – Appellant
Versus
Ministry Of Defence – Respondent
JUDGMENT
Manmohan, J. - The petition has been heard by way of video conferencing.
2. Present writ petition has been filed challenging the order dated 03rd November, 2020 passed by the Principal Bench of the Central Administrative Tribunal in O.A. No. 1709/2020. Petitioner also seeks a direction to the respondents to grant the terminal benefits such as monthly pension, gratuity and leave encashment payable to the petitioner on pro-rata basis with the arrears thereof along with interest.
3. Learned Counsel for the petitioner submits that the Tribunal passed the impugned order rejecting the O.A. of the petitioner as barred by limitation stating that the learned tribunal noted that the petitioner ought to have pursued the matter as soon as the pension became due. The relevant portion of the impugned order is reproduced herein below:-
4. We are aware of the fact that the right to receive pension by an employee constitute a continuous cause of action. At the same time, the claim presented 35 years after the applicant left the organisation cannot at all be entertained, whatever be the latitude shown by the Courts towards a retired employee.
5. In case the applicant wan entitled to receive pen
The right to receive pension constitutes a continuous cause of action and relief can be granted even with a long delay in seeking remedy, with consequential relief restricted to a period of three yea....
The right to receive pension constitutes a continuous cause of action, allowing claims despite delays, but recovery of arrears is limited to three years prior to petition filing.
The main legal point established in the judgment is the application of the doctrine of delay and laches in service-related disputes, emphasizing the importance of timely pursuit of claims and the exc....
Pension claims are recurring rights; dismissal on limitation grounds is improper when a continuing wrong is involved, permitting evaluation on merits.
The court emphasized the importance of the review applicant's awareness of her rights and the concept of continuing wrong in the context of entitlement to pensionary benefits. The court also highligh....
The main legal point established in the judgment is that belated claims for pensionary benefits may be denied on the grounds of latches and delays, considering the financial burden on public sector u....
Point of Law : The High Court does not ordinarily permit a belated resort to the extraordinary remedy because it is likely to cause confusion and public inconvenience and bring in its train new injus....
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