LAWS(DLH)-2002-8-320

AMAR PATI Vs. UNION OF INDIA AND OTHERS

Decided On August 28, 2002
AMAR PATI Appellant
V/S
UNION OF INDIA AND OTHERS Respondents

JUDGEMENT

(1.) Petitioner's husband fell down from a running train on 1.6.1982. She made a claim for grant of special family pension which was rejected by order dated 30.11.1982. She was, however, asked to file appeal against this order within six months from 21.12.1982. She filed the appeal admittedly but beyond this prescribed period and the Record officer did not forward it to C.D.A. (P) Allahabad on this. She thereafter continued approaching respondents and was informed by communication dated 25.3.2002 that her appeal could not be forwarded to the concerned Authority as it was filed late.

(2.) L/C for respondents resisted this petition on the ground that petitioner's action was hit by latches but we find that petitioner was in regular touch with the respondents in pursuing her case. She was informed of withholding of her appeal as late as on 25.3.2002. Her cause therefore could not be held to be hit by laches in the facts and circumstances of the case.

(3.) We find that petitioner's appeal had gone abegging on a technical consideration when it deserved to be examined on merit. It is unfortunate that her plea should have gone unattended since 1982 and that she should have been forced to go from pillar to post all these years.