RAKESH KUMAR AGGARWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) BY this petition filed under Article 226 of the Constitution of India, the petitioner seeks to challenge the order dated 17th February, 2012 passed by the learned Armed Forces Tribunal whereby the learned Armed Forces Tribunal dismissed the OA filed by the petitioner on the ground that there was an inordinate delay on the part of the petitioner in challenging the order dated 23rd April, 2004 passed by the respondents.

(2.) ADDRESSING arguments in support of the present petition, Ms. Archana Ramesh, counsel for the petitioner has taken a stand that the case of the petitioner relates to grant of disability pension which he has claimed from the date of his discharge, i.e., 26th February, 1981 till the year 2006 @ 20% and from 2006 till date @ 50% of the disability pension in terms of the recommendations of the Sixth Pay Commission. Counsel for the petitioner also submits that in the OA filed by the petitioner, the petitioner had taken the ground of limitation but the learned Armed Forces Tribunal without considering the fact that the right to claim pension is a continuing cause of action, therefore, the delay if any taken place on the part of any employee cannot defeat his right.

(3.) COUNSEL for the petitioner in support of her arguments placed reliance on a judgment of the Apex Court in the case of Union of India vs. Tarsem Singh, : (2008) 8 SCC 648 and the judgment of the Division Bench of this Court in Yadhu Nath Singh v. Union of India & Ors., W.P.(C) No.4857/2012 decided on 09.08.2012.