JIA LAL KAPUR Vs. UOI AND ORS.

JUDGEMENT

(1.) By way of the present petition, the petitioner has sought review of the judgment dated 28th September, 2004 passed in the present appeal. Before setting out the essential facts, we may note the history of the litigation briefly, as is essential for the view we are taking. A writ petition being W.P.(C) No. 2149/2001 was filed by the petitioner contending that office memorandums dated 29th August, 1984 and 1st May, 1987 were not brought to his notice. By these office memorandums, the government employees who had opted for receiving CPF benefits on retirement were given an option to have their retirement benefits calculated under the pension scheme provided they refund to the government, certain benefits received at the time of settlement of CPF amount. The petitioner, therefore, claimed in the writ petition entitlement to exercise such option and shifting to the pension scheme.

(2.) This writ petition was rejected by a decision of the Single Judge dated 11th of February 2004. The petitioner assailed this decision against him by way of LPA No. 393/2004 which came to be rejected by the Division Bench by a judgment dated 28th September, 2004. The petitioner sought leave to appeal against these decisions by way of SLP(C) No. 1982/2005 which was dismissed in limine on the 7th of February 2005. The petitioner's Rev. Pet.(C) No. 727/2005 and Curative Petition (C) No. 62/2005 also came to be dismissed by the Supreme Court of India on 5th of April 2005 and 14th December, 2005 respectively.

(3.) The present petition seeking review of the judgment dated 28th September, 2004 was filed on 23rd of December 2014. It is admitted that the review petition has been filed belatedly, i.e. ten years after passing of the judgment on 28th September, 2004. Hence, by way of accompanying application being CM No. 6741/2015, the petitioner had sought condonation of delay in filing the review petition.