RUDERASREY SHARMA Vs. UNION OF INDIA & ANR

JUDGEMENT

(1.) Challenge in this writ petition is to the order dated 20.03.2014 passed by the Central Administrative Tribunal by which the OA filed by the petitioner seeking fixation of pay and subsequent increase in pension stands dismissed on merits and also on the ground of limitation and also the subsequent order dated 24.07.2014 passed in a Review Petition filed by the petitioner herein.

(2.) The basic facts are not in dispute that the petitioner was appointed in the year 1949 as a Group 'D' employee with the Railways. He retired after having superannuated on 31.05.1987 and thereafter has been continuously drawing pension. As per the petitioner, it is only when the respondents discontinued issuing a first class pass which he was entitled to he realized that there was a mistake in his pay fixation. That realization came to the petitioner somewhere in the middle of the year 2012. The petitioner thereafter made a representation which was rejected and which then led to the filing of an OA.

(3.) The learned counsel for the petitioner has strongly urged before this court that the Tribunal has failed to take into consideration that payment of pension is a recurring cause of action and thus the bar of limitation would not stand in the way of the petitioner. He submits that the petitioner is even willing to give up his past claim and press his claim from the year 2012 onwards. Reliance is placed on Union of India Vs. P K. Rosha, 2012 2 SLJ 231.