U.V. UTTAMCHANDANI Vs. UOI

JUDGEMENT

(1.) The present petition under Articles 226 and 227 of the Constitution of India seeks to assail the order dtd. 28/4/2017 passed by the learned Central Administrative Tribunal (the learned Tribunal) in M.A. No. 1549/2017 in O.A. No. 321/2015. Vide the impugned order, the learned Tribunal has rejected the application filed by the petitioner seeking condonation of delay in filing the said OA and consequently rejected the OA vide the same order. The petitioner also assails the order dtd. 31/7/2017 vide which his review petition was dismissed by the learned Tribunal.

(2.) Before dealing with the rival submissions of the parties, we may note the factual matrix of the present matter as emerging from the record. On 13/9/1962, the petitioner was appointed as Sec. Officer/Junior Officer in CPWD, whereafter in continuation of his service with the CPWD, he joined the Western Railway w.e.f 16/2/1963. The petitioner was then selected by the Union Public Service Commission (UPSC) as an Assistant Engineer and consequently again joined the CPWD on 2/2/1965. The petitioner was thereafter selected as an Executive Engineer (Civil) in the National Seeds Corporation where he joined on 6/5/1975 as a deputationist for one year, but, continued to serve there despite expiry of his deputation period. During this period when the petitioner was working with the National Seeds Corporation, he, in response to an open advertisement, applied for the post of Executive Engineer in the Delhi University where, he, upon being selected joined on 16/6/1978 and where he continued to work for about 20 years before he superannuated on 31/3/1998.

(3.) After joining the Delhi University, the petitioner requested the respondents, i.e., the CPWD to transfer their share towards pensionary and other benefits payable to him for his service between 13/9/1962 to 5/5/1976 with the respondents. Since, vide a communication dtd. 30/7/1990, the petitioner's prayer for granting him benefits for his aforesaid service of 13 years 8 months was rejected by the respondents, he approached the learned Tribunal by way of O.A No. 672 of 1991 seeking directions to the respondent to transfer the benefits of his service for the period between 13/9/1962 till 5/5/1976 to the Delhi University. The said O.A was allowed vide order dtd. 27/11/1992 and consequently, the respondent was directed to reckon the past service of the petitioner between 13/9/1962 till 5/5/1976 for the purpose of computing his retirement benefit on a pro-rata basis after verifying his qualifying service.