ZAHIRA @ KHATUN BEE Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal is filed impugning the order dated 20.06.2007 passed in OA No. 85/1999 on the file of the Railway Claims Tribunal, Bangalore. The appeal pertains to non-granting of interest from the date of application till the date of judgment passed in the Court below. Infact, this appeal is filed seeking aforesaid relief relying upon the judgment passed in SLP(C) No. 26654/2008 in the matter of Tahazhathe Purayil Sarabi vs. Union of India, 2009 AIR(SCW) 4984

(2.) Heard the learned counsel appearing for the appellant on Misc.Cvl. No. 9281/2009 seeking condonation of delay of 396 days in filing the appeal. Perused the affidavit and the order impugned. On going through the same, it is seen, as on the date when the claim application was disposed of, there was no rule enabling the claimant to seek interest for the period from the date of application till disposal of the same. However, subsequently in the light of the aforesaid judgment rendered by the Apex Court in the year 2009, this appeal is filed. Admittedly, as on the date when the Apex Court passed the judgment, the order impugned was not the subject matter of any appeal. In that view of matter, the said benefit cannot be extended to the appellant and merely because some judgment has come into place granting certain relief which was not available to the appellant, earlier it does not entitle him to seek the said relief by filing an appeal and seeking extension of the said benefit to him. Hence, this Court is of the view that since there is inordinate delay in filing the appeal, the application i.e. Misc.Cvl. No. 9281/2009 seeking condonation of delay of 396 days in filing the appeal not being properly explained and filed with the only intention of securing the benefit of judgment which has come into place subsequent to disposal of his claim petition does not entitle him to seek condonation of delay, since it can not be accepted as sufficient reason to condone the inordinate delay of 396 days. Hence the said application seeking condonation of delay is dismissed. Consequently, appeal is also dismissed.