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DELHI HIGH COURT
SANJEEV SACHDEVA, TUSHAR RAO GEDELA
Dilip Kumar (Dr.) – Appellant
Versus
Indian Council of Agricultural Research – Respondent
| Table of Content |
|---|
| 1. petitioner's employment history and retirement details. (Para 1 , 2 , 3 , 4) |
| 2. dispute over qualifying service and leave treatment. (Para 5 , 6) |
| 3. limitations in pension claim due to delay. (Para 7 , 8 , 9) |
| 4. legal principles regarding delay in service-related claims. (Para 10 , 11) |
| 5. court's ruling to consider pension claim on merits. (Para 12 , 13 , 14 , 15) |
JUDGMENT
Sanjeev Sachdeva, J. (Oral)--Petitioner impugns order dated 23.01.2017 whereby the original application of the petitioner impugning order dated 16.12.2016 (also impugned herein) was dismissed. Petitioner is also aggrieved by order dated 16.12.2016 whereby the original application filed by the petitioner seeking a declaration that he is inter-alia entitled to retirement pension has been dismissed on the ground of limitation.
2. The Tribunal in the impugned order has held that petitioner took voluntary retirement from service on 22.01.1994 and the petitioner thereafter filed an application in 2015 seeking grant of pension which was rejected on the ground of delay.
3. Petitioner joined Indian Council of Agricultural Research (ICAR) on 10.06.1973. As per the petitioner on completion of 20 years of s
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 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.
Pension entitlement for the period of actual service is a valid claim, and delay in the claim does not affect the rights of third parties.
A pragmatic approach is essential in condoning delays in pension claims, prioritizing substantial justice over strict adherence to procedural timelines.
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