BHADUR LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The instant appeal is directed against the judgment and order dated 07.05.2013 rendered by the learned Single Judge of this Court declining the relief claimed by the appellant for grant of disability pension. It appears that the basis for rejection of the prayer made by the appellant is that the cause of action had arisen to him on 21.04.1994 when the order was passed in his second appeal by the competent authority. The aforesaid order has not been made basis of challenge in the writ petition and also there is huge delay in filing the petition.

(2.) We have heard learned counsel for the parties.

(3.) The question with regard to delay has been repeatedly considered by Hon'ble the Supreme Court with regard to pension and disability pension matters. In the cases of Shiv Dass v. Union of India, 2007 1 SUPREME 455 and Union of India and others v. Tarsem Singh, 2008 8 SCC 648 the question of delay has been dealt with by concluding that in such like cases relief can be molded by restricting the payment of arrears to three years preceding the date of filing of the writ petition. On the basis of the aforesaid judgments claim for disability pension could not have been thrown out on the ground of delay and laches. It could be justifiably met by modifying the relief by confining the areas of three years and two months preceding the date of filing the petition.