The High Court dismissed a writ petition challenging a Central Administrative Tribunal order denying service count for a private aided school towards pension. The Court rejected the delay plea, noting the petitioner had the opportunity to rely on prior precedent for seven years.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Civil Writ Petition No.8220 of 2013 Date of Decision : April 22, 2013
Sushil Kumar Suri
.....Petitioner
versus
Union of India and others
.....Respondents
CORAM : HON'BLE MR.JUSTICE SURYA KANT. HON'BLE MR.JUSTICE R.P.NAGRATH.
Present : Mr.K.B.Sharma, Advocate, for the petitioner.
-.-
Surya Kant, J. (Oral)
This writ petition is directed against an order passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh, on 18.11.2005 whereby the Original Application preferred by the petitioner for the counting of service rendered by him in a Privately Managed Government Aided School towards pension and other retiral benefits, was dismissed in limine. According to the petitioner, the Tribunal has no jurisdiction to dismiss the Original Application in limine as held by a Division Bench of this Court in Badloo Prasad versus Chandigarh Administration [2001 (3) SCT 96].
Having heard learned counsel for the petitioner, we are of the considered view that this writ petition deserves to be dismissed outrightly on the ground of delay and latches. The petitioner has chosen to approach this Court after more than seven years. The Division Bench decision in Badloo
CWP No.8220 of 2013
[2]
Prasad's case (supra) was rendered way back in the year 2001 and nothing precluded the petitioner to rely upon it and challenge the Tribunal's order of the year 2005 within a reasonable period. The petitioner who is a retired Trained Graduate Teacher from Kendriya Vidyalaya was not a person without means. It is not the case of the petitioner that there were any other compelling circumstances beyond his control which prevented him to approach this Court within a reasonable period.
Dismissed.
(SURYA KANT) JUDGE $ April 22, 2013 (R.P.NAGRATH) Mohinder JUDGE
1 issue framed by the court
Whether the writ petition is maintainable despite a seven-year delay in approaching the Court.
Colour shows how this judgement treated each authority
Badloo Prasad versus Chandigarh AdministrationReferred¶16
Badloo Prasad versus Chandigarh Administration [2001 (3) SCT 96]
Badloo Prasad's caseReferred¶17
Badloo Prasad's case
Sushil Kumar Suri
Union of India
Surya Kant
R.P. Nagrath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
