N JAGANNATHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition challenges the order of the 2nd respondent dated 4. 11. 94 by which the claim of the petitioner for disability pension in respect of his service from 29. 6. 1961 was rejected on the ground that the Resurvey Medical Board held at Medical Hospital, Madras, on 26. 1. 1961, has assessed the disability of the petitioner less than 20% and therefore the petitioner was not entitled to for disability pension with effect from 29. 1. 1961. It is this order of 1994 which is sought to be challenged after a lapse of about 12 years. However, the learned counsel for the petitioner submits that the petitioner has been making repeated representations and therefore, there is no delay.

(2.) IT is also seen that even on 23. 4. 2002, the 2nd respondent has reiterated the same order stating that the petitioner is suffering disability less than 20% and therefore, he is not eligible for disability pension with effect from 29. 6. 1961 under the existing rules.

(3.) IN view of the facts and circumstances that the impugned order has been passed 12 years before, this Court is not inclined to interfere and the writ petition is liable to be dismissed on the ground of latches. In view of the same, the writ petition fails and the same is dismissed. No costs.