UNION OF INDIA Vs. R VELUMURUGAN

JUDGEMENT

(1.) THE employer has carried an order of the Central administrative Tribunal to this Court on the ground that a mistaken conferment of an undeserving benefit on the employee has been perpetuated by the order of July 2, 2008.

(2.) A preliminary point has been taken by the respondent. The respondent relies on an order of November 5, 2008 passed by the Tribunal that speaks of an application having been filed by the writ petitioners herein before the Tribunal for extension of time for compliance with the order dated July 2, 2008. The respondent says that implicit in the writ petitioners applying for extension of time was the petitioners' acceptance of the order and the present belated challenge is barred by the principles of acquiescence or principles analogues thereto. The respondent insists that upon the petitioners obtaining the benefit of extension of time for compliance with the order dated July 2, 2008 by a period of one month from November 5, 2008 the petitioners herein had abrogated their right to challenge the original order.

(3.) THE respondent was engaged as a Chowkidar on casual basis on September 26, 1994 and continued to be employed as such till January 21, 2005 with intermittent breaks. The respondent's services were regularized on January 21, 2005 and by a writing of February 10, 2005 he was granted pension under the old scheme. The petitioners refer to the letter issued in connection with the respondent's regularization. The initial words of the letter dated February 10, 2005 read as follows:-