Supreme Court - Daily Orders
Ex. Cpl. Ranganathan Nair vs Union Of India on 6 August, 2024
Author: Abhay S. Oka
Bench: Abhay S. Oka
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS. 1320-1321/2019
EX. CPL. RANGANATHAN NAIR APPELLANT(S)
VERSUS
UNION OF INDIA & ORS. RESPONDENT(S)
O R D E R
1. Heard learned counsel appearing for the appellant and learned Senior Counsel appearing for the respondents.
2. The case of the appellant is that he joined services of Indian Air Force on 13th June, 1964 and continued to be in service for 9 years till his discharge on 2nd April, 1974. According to his case, he participated in 1965 and 1971 wars. After making several representations, when pension was denied to the appellant, he filed original application before the Armed Forces Tribunal (for short, ‘the Tribunal’) along with application for condonation of delay. The application for condonation of delay of 43 years was rejected by the Tribunal. Thereafter review application was filed by the appellant which was also rejected.
Signature Not VerifiedDigitally signed by KAVITA PAHUJA Date: 2024.08.09 16:35:22 IST Reason: 1 2
3. Learned counsel appearing for the appellant relied upon various orders passed by this Court which take a view that as far as denial of pension is concerned, it is a continuing cause of action. In fact, she pointed out a case decided by this Court wherein on this ground, the delay of more than 38 years was condoned.
4. In view of the order referred above, the Tribunal ought to have condoned the delay and heard the original application on merits. Accordingly, by setting aside the impugned orders, we condone the delay in filing the Original Application No.186 of 2017. The Tribunal will hear the original application on merits. If the appellant is entitled to pension, the Tribunal can always mould the relief by directing payment of arrears of pension for a period of only three years prior to date of the filing of the original application.
5. Accordingly, the appeals are allowed. The delay in filing the original application is condoned. We request the Tribunal to decide the original application expeditiously considering the fact that the issue is of denial of pension to somebody who has served in Indian Air Force for nine years. All contentions of the parties on merits are left open to be decided by the Tribunal.
6. We direct the Registry to forward a copy of this order to the Registrar of the Armed Forces Tribunal, Regional Bench, 2 3 Kochi who will ensure that the Original Application (OA 186 of 2017) is posted before the concerned Bench of the Tribunal, Kochi on 2nd September, 2024.
7. Parties shall appear before the Tribunal on that day and no fresh service of notice is required.
8. Pending application(s), if any, shall stand disposed of.
..........................J. (ABHAY S.OKA) ...........................J. (AUGUSTINE GEORGE MASIH) New Delhi;
August 6, 2024.
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ITEM NO.29 COURT NO.6 SECTION XVII
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Civil Appeal Nos.1320-1321/2019
EX. CPL. RANGANATHAN NAIR Appellant(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
Date : 06-08-2024 These appeals were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH For Appellant(s) Mr. Siddharth Sangal, AOR Ms. Richa Mishra, Adv.
For Respondent(s) Mr. R Bala, Sr. Adv.
Mr. Mukesh Kumar Maroria, AOR Mr. Prashant Singh II, Adv. Mr. Annirudh Sharma II, Adv. Mr. Prahlad Singh, Adv.
Mr. B K Satija, Adv.
Mr. T S Sabarish, Adv.
UPON hearing the counsel the Court made the following O R D E R The appeals are allowed in terms of the signed order.
Pending application(s), if any, shall stand disposed of.
(KAVITA PAHUJA) (AVGV RAMU) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)
[Signed order is placed on the file] 4