M.P. BHATNAGAR Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) THE petitioner has preferred this writ petition with a prayer that an appropriate writ order or direction may be issued directing the respondents to pay simple interest @ 18% per annum on the amount of gratuity and commuted value of the pension which was paid with a delay of 10 years and 6 months.

(3.) LEARNED Counsel for the respondents contended that the petitioner has not approached this Court with clean hands. He preferred the Original Application before the Central Administrative Tribunal for the same relief which was dismissed vide order dated 21.7.2003 and without disclosing the said fact and without challenging the said order passed by the CAT before this Court, he has preferred this writ petition. The Tribunal rejected the Original Application filed by the petitioner on the ground of limitation. He also contended that now for the same relief he has preferred the present writ petition before this Court in 2005, therefore, the writ petition is not only liable to be dismissed on the ground of suppression of material facts but even otherwise it is liable to be dismissed being highly belated.