RAGHUNATH NATHOO BARI Vs. UNION OF INDIA

JUDGEMENT

(1.) The matter is called out from the final hearing board. Heard finally by consent of the parties.

(2.) The Petitioner, who is 82 years old and physically unfit because of accident on duty, has challenged order dated 13 December 1996 in Original Application No. 802 of 1994 and order dated 16 September 1997 passed in Review Petition No. 43 of 1997 in OA No. 802 of 1994 passed by the Central Administrative Tribunal (for short, "CAT"), mainly on the ground of delay and not on merits of the claim of pensionery benefits, so raised by the Petitioner. The Petition is pending since 1998. The Respondents, by reply resisted the claim of all grounds and placed on record the additional material to justify their defence that the Petitioner is not entitled for any benefits including pensionery benefits as prayed.

(3.) The requisite rules and regulations and the contentions so raised through the affidavit, as we have noted, not dealt with by the learned Tribunal, as the original application was dismissed solely on the ground of delay.