The subsequent Original Application was barred by res judicata as it sought the same relief as the earlier application, which had been decided and upheld by the court. The court also held that the learned Tribunal had the power to condone the delay in filing the review application.

JUDGMENT :

Om Prakash Shukla, J.

A. INTRODUCTION

1. The challenge in the instant writ petition under Article 226 of the Constitution of India is to the judgment and order dated 14.10.2022 passed by the Central Administrative Tribunal, Lucknow Bench, Lucknow (hereinafter referred to as “the Tribunal”), whereby Original Application No. 332/00515/2018 filed by the applicant/respondent no.1 herein was allowed and petitioners herein were directed to pay the interest of pension and gratuity due at the rate of G.P.F. from its date i.e. 01.02.2012 to 28.06.2018 within three months from the date of receipt of a certified copy of the order.

2. Apparently, in the aforesaid Original Application No. 332/00515/2018, the applicant/respondent no.1 has sought the following reliefs :-

“The original application is being filed against the illegal, arbitrary and mala fide actions of the respondents in making payment of retiral dues without interest thereon for the period they illegally withheld the amount of retiral dues despite the decision of this Hon’ble Tribunal dated 11.3.2016 and the judgment passed by Hon’ble High Court, Lucknow, by which writ petition the order dated 11.3.2016 has been dismissed with cost Rs.5000/-.

The applicant further prayed that the respondents may be directed to make payment of interest on delayed payment of retiral dues @12% per annum from the date of retirement i.e. 31.1.2012 to the date of payment i.e. 28.6.2018.”

3. The petitioners have also challenged the correctness of the judgment and order dated 06.07.2023 passed by the learned Tribunal, whereby Review Application No. 332/00004/2023 filed by the petitioners herein seeking review of the aforesaid judgment/order dated 14.10.2022 (supra) as well as the application seeking to condone the delay in filing the aforesaid review application were dismissed on the ground that the review application has been filed by the petitioners herein delayed by close to five months i.e. beyond the period prescribed under Rule 17 of the Central Administrative Tribunal (Procedure) Rules, 1987, hence it cannot be entertainable.

B. FACTUAL MATRIX

4. The following relevant facts necessary for consideration of this writ petition are broadly culled out from the record available before this Court in this writ petition :-

4.1. The respondent no.1-Sri Kaushalya Nandan Sharan Verma (hereinafter referred as “employee”) was appointed on the substantive post of Guard (Grade-C) in Northern Railway and joined his services on 13.09.1976. He had passed his High School Examination from Gandhi Vidyalaya Inter College, Maarrofpur, Maryadpur, District Mau (hereinafter referred to as “School”) in the year 1966. In the educational records, his date of birth was wrongly mentioned as 01.02.1950, whereas, as his actual date of birth was 01.02.1952, therefore, father of the employee attempted to get the same corrected. A fresh High School Certificate was issued by the Examination Board in the year 1976. In pursuance thereto, he submitted his original certificates as well as attested copies of the High School Certificate issued by the Board in the year 1976. Subsequently, his service records correctly reflected his date of birth as 01.02.1952 in place of 01.02.2050.

4.2. Apparently, the employee was due to retire on the basis of his date of birth on 31.01.2012 and as such, on 25.01.2012, the Divisional Railway Manager (Personnel), Divisional Office, Northern Railway, Hazratganj, Lucknow, issued a letter dated 27.01.2012, stating therein that the appointment letter placed in the service records shows his date of birth as 01.02.1950, whereas first page of the service record shows his date of birth as 01.02.1952 and as such, employee was once again directed to submit the original certificate of date of birth etc. In response thereto, the employee submitted his reply dated 27.01.2012, mentioning therein that educational certificates got misplaced/lost. Thereafter, the employee was served with letter dated 31.01.2012, stating