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Judgment
K.M. Joseph, J.—This writ petition is filed challenging the order passed by the Central Administrative Tribunal allowing the OA filed by the respondent. The respondent laid claim for the benefit of the Scheme providing for dying-in-harness. Respondent''s father died on 18.9.2006. His application dated 26.6.2007 came to be rejected vide order dated 20.2.2008 and he challenged the same before the Tribunal. Apparently, the rejection of the application was premised on the promulgation of a new Scheme. The Tribunal took the view that the respondent is entitled to have his application considered with reference to the Scheme that existed on the date of application. It is the said order which is under challenge in this writ petition.
It is not in dispute that in a similar matter a Division Bench of this Court has accepted the reasoning of the Tribunal and rejected the writ petition. No doubt, the learned Counsel for the petitioners would point out that the matter is pending before the Supreme Court where it is stayed.
The matter relates to dying-in-harness. No doubt, the learned Counsel for the petitioners would point out that there remains question of delay. Per contra, learned Counsel appearing on behalf of the respondent would point out that u/s 21 of the Administrative Tribunals Act, 1985 on the strength of an application to condone the delay, delay was condoned. More importantly, we take note of the fact that the matter relates to dying-in-harness and we do not think interest of justice would be subserved by entertaining this writ petition. The writ petition fails and it is dismissed.