UNION OF INDIA Vs. R.C NANGIA

JUDGEMENT

(1.) THE challenge in the Writ Petition by the Union of India is to the order dated May 02, 2011 passed in O.A No.57/2008, whereby the Tribunal had allowed the O.A by quashing the order dated January 10, 2008 and directed the respondents to work out the arrears of pay and allowances payable to the petitioner on his promotion to successful grades and to pay the same to him with simply yearly interest of 6% within three months from the receipt of copy of the order.

(2.) FEW of the facts necessary are that the petitioner was promoted to the post of Assistant Surveyor of Works, Surveyor of Works and Senior Surveyor of Works w.e.f. July 14, 1982, October 15, 1987 and January 27, 1996, respectively vide order dated March 16, 2000, pursuant to the directions of the Tribunal in O.A No.3126/1991 and O.A No.1954/1993 decided on 14.07.1998. Pursuant to his promotions as referred above, the petitioner was denied the arrears of pay vide order dated January 10, 2008 by stating as under:

(3.) DURING the arguments, the only ground taken by the respondent herein is that the O.A is barred by limitation as the pay has been fixed on notional basis and the representation of the petitioner in 2007 is belated. The Tribunal as relying upon the judgment of the Supreme Court reported as (1995) 5 SCC 628 M.R Gupta vs. Union of India & Ors. and (2008) 2 SCC (L&S) 765 Union of India and Ors. vs. Tarsem Singh, had allowed the claim by holding that the claim is not barred by limitation as the issue raised by the petitioner is a continuing cause of action.