LT. COL LN BHARGAVA (RETD.) Vs. UNION OF INDIA THROUGH THE SECRETARY MINISTRY OF HUMAN RESOURCE DEVELOPMENT SHASTRI BHAWAN, NEW DELHI

JUDGEMENT

(1.) This is a third round of litigation. Earlier the applicant has filed OA -2565/2010, which was dismissed as withdrawn vide order dated 9.8.2010 with liberty to him to file fresh OA. Thereafter the applicant filed another OA, being OA -790/2011, thereby inter alia praying for the payment of pension and gratuity and also for the revision of pay scale. This Tribunal vide order dated 15.11.2011 rejected the OA being not maintainable, as the applicant has sought for multiple reliefs. However, the applicant was given liberty to file separate applications for separate cause of action.

(2.) Now the applicant has filed the instant OA confining his relief regarding payment of pension and gratuity and for quashing the order dated 10.12.2007 (Annexure A -1) whereby his representation dated 3.10.2007 was rejected. Vide this impugned order, the attention of the applicant was also drawn to earlier letter dated 24.5.2005 whereby he was informed that late Smt. Neena Bhargava had tendered resignation, which was accepted by the competent authority vide letter dated 30.5.2002, thus, the question of payment of gratuity does not arise.

(3.) Along with this OA, the applicant has also filed MA -641/2012 for condonation of delay. In paragraph 3 of the MA, the only reason given by the applicant for condonation of delay is that his wife ceased to be in service w.e.f. 1.7.002 and since then the respondents for one reason or the other have been protracting the matter of settlement of the due of his wife, despite the fact that regularly the applicants wife as well as applicant have been corresponding with the authorities. After the death of his wife, the applicant has been in touch with the respondents through personal visits/correspondence for settlement of the claims and outstanding dues. Although the respondents kept promising that the matter will be looked into and settled and there has been regular inter -departmental correspondence between the respondents suggesting settlement of the dues but nothing has happened.