MR. BRIJ LAL Vs. UNION OF INDIA, THROUGH ITS SECRETARY, MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES & PENSIONS, DEPARTMENT OF PERSONNEL & TRAINING AND UNION OF INDIA, THROUGH ITS SECRETARY, MINISTRY OF JEAVU OMDISTROES & PUBLIC ENTERPRISES

JUDGEMENT

(1.) THIS OA has been filed for grant of promotion to the Post of Under Secretary from 01.07.2003 as per the Select List of that year along with increments and consequential retrial benefits. The reliefs sought in the OA are as under: -

(2.) COUNTER reply has been filed by the Respondent No. 1. The preliminary objection, raised in the counter, is that the applicant has superannuated from service on 31.03.2005 and was later on included in the Select List of 2003. It is further stated in para 6 of the reply that the OA is barred by limitation, delay and latches and should be dismissed on this ground because the Select List of 2003 was issued on 25.8.2009 on the basis of DPC conducted by the UPSC in August, 2009, and applicant superannuated from service on 31.3.2005. The OA has been filed in August, 2012 without any explanation of delay nor application seeking condonation for inordinate delay has been filed.

(3.) AT the initial stage itself, the objection with respect to delay needs to be decided. Applicant's counsel argued that Respondents counsel's objection regarding delay could not be sustained because the claim in this OA relates to a continuing and recurring cause of action because it involved non -payment of higher pay scale and consequential increments/retirement benefits. On the other hand, referring to various judgments of the Hon'ble High Court and the Hon'ble Supreme Court the respondents have stated that this delay cannot be condoned and the application needs not be considered on merit in view of the limitation under section 21. He reiterated that no condonation for delay has been sought and, therefore, the OA cannot be entertained.