Court No. - 32
Case :- WRIT - A No. - 54311 of 2012
Petitioner :- Lalaram Respondent :- Central Administrative Tribunal Allahabad And Others Counsel for Petitioner :- Prashant K. Lal Counsel for Respondent :- S.C.,Govind Saran,P K Srivastava
Hon'ble Shashi Kant Gupta,J. Hon'ble Mrs. Vijay Lakshmi,J.
Heard Mr. B.B. Yadav holding the brief of Mr. Prashant K. Lal , leaned counsel for the petitioner and Mr. Praveen Kumar Srivastava, learned counsel for the respondents.
This writ petition has been filed, inter alia, for the following relief:
"Issue a writ, order or direction in the nature of certiorari quashing the order dated 15.9.2011 passed by Central Administrative Tribunal Allahabad in Original Application No.115 of 2011 in case of Lalaram Vs. Union of India and others wheeby the original application has been dismissed on the ground of latches."
It is borne out from the record that the petitioner had filed an application, being Original Application NO. 1115 of 2011 along with a delay condonation application No.1536 of 2011 for condoning the delay in filing the said original application before the Central Administrative Tribunal, Allahabad Bench, Allahabad.The petitioner had filed the aforesaid original application seeking a direction to release his pensionary benefits admissible in accordance with law without challenging the order of removal dated 24.11.1981. All the dues of the petitioner were released in his favour by an order dated 2.12.1986. The aforesaid original application was filed in the year 2011 i.e . after more than 26 years from the date of removal of his service and after more than 20 years from the date when his other dues were released in his favour.
It was submitted by the learned counsel for the respondents that if the petitioner was aggrieved by any action of the authority, he should have approached the Tribunal in the year 1981 when he was removed from service or whenever his dues were paid to him and therefore the aforesaid original application being highly time barred, the present writ petition is liable to be dismissed on the ground of latches. Apart from it, referring to the averments made in para 24 of the counter affidavit, he further submitted that the petitioner was removed from service for committing an offence punishable under section 304 I.P.C. and since he was convicted in the said criminal case and his criminal appeal is still pending , he is not entitled to any relief.
Learned counsel for the petitioner failed to show any illegality or infirmity in the impugned order passed by the Tribunal.
From the perusal of the material on record, it transpires that in the present matter the petitioner was removed from service on 24.11.1981 and his entire dues except pensionary benefits were cleared in the year 1986 and the Original Application NO.1115 of 2011 along with a delay condonation application No. 1536 of 2011 for condoning the delay in filing the said original application before the Central Administrative Tribunal, Allahabad Bench, Allahabad for pensionary benefits was filed in the year 2011 i.e. after more than 26 years from the date of removal of his service and more than 20 years from the date when his other dues were released in his favour without giving any reasonable, plausible and sufficient explanation for the said inordinate delay. There was no justification for the petitioner to have waited for so long. The Tribunal below has rightly dismissed the original application. We do not find any illegality or infirmity in the impugned judgement and order passed by the Tribunal.
In view of the above, the writ petition is dismissed .
Order Date :- 26.10.2018 MLK