RAJINDER SINGH Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) The instant petition has been preferred by one Rajinder Singh, who has lost cause before the Central Administrative Tribunal (for brevity 'the Tribunal') as his original application was dismissed on 01.10.2013 (OA No.169/JK/2011). The basic reason for rejecting the claim made by the petitioner before the Tribunal is that there was inordinate delay in approaching the Tribunal as the order had already been passed on 12.04.2001 declining the payment of back wages. It is appropriate to mention that this High Court has allowed a writ petition filed by the petitioner namely SWP No.574/1997 and the order of dismissal on the ground of absence from duty and disobedience of lawful orders after holding regular enquiry was set aside. The writ Court had also in unmistakable terms concluded that the petitioner would not be entitled to any back wages and he was to start getting wages with effect from the date he joins his service. For the intervening period i.e. from 11.04.1995 till date of his joining it was left to the discretion of the department, who were expected to pass fresh orders after affording opportunity of hearing to the petitioner. The order passed by the learned Writ Court was upheld by the Letters Patent Bench in LPA No.370/1999. Even the SLP against the order of the Letters Patent Bench was dismissed.

(2.) In pursuance of the directions issued by the Writ Court respondents entertained the representations dated 16.03.2001 made by the petitioner. The representation was considered and a detailed order was passed on 12.04.2001 declining payment of back wages to the petitioner. It is thus clear that the petitioner was fully aware that the period from 11.04.1995 to 31.05.1999 had been treated as a period of un-authorized absence, which would not qualify for grant of back wages. The petitioner also sent a legal notice through his counsel to the respondents, which was duly responded on 15.03.2002. However, the petitioner remained content and did not take recourse to any departmental or legal remedy.

(3.) The OA No.169/JK/2011 was filed in the year 2011, which is relatable to this writ petition. The learned Tribunal after placing reliance on the observations made by a 7-Judge Bench of Hon'ble the Supreme Court in S.S.Rathore v. State of M.P., 1990 AIR(SC) 10 and other similar judgments has concluded that relief with regard to grant of back wages in respect of 11.04.1995 to 31.05.1999 is barred by time because to the knowledge of the petitioner order dated 12.04.2001 had been passed which declined back wages. That order was not challenged for more than 10 years. The delay would also be applicable to other relief claimed by the petitioner.