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Judgment
Pradeep Nandrajog, J.—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.
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.
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 1992 (3) SLR 662 Ex. Ct. Jasbir Singh and Others Vs. Union of India (UOI) and Others, Constable Jasbir Singh v. UOI and Ors.''; the third being 2007 (2) SCT 72 (SC), ''Shiv Das v. UOI and Ors.'' and the last being 2009 (1) AISLJ 371 ''UOI v. Tarsem Singh''.
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.
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.
No. costs.