Supreme Court of India
S.M. Munawalli vs State Of Karnataka on 12 March, 2001
Equivalent citations: AIR2002SC398, (2003)IILLJ278SC, (2002)10SCC264, AIR 2002 SUPREME COURT 398, 2002 (10) SCC 264, 2001 AIR SCW 5193, 2001 AIR SCW 5193(2), 2002 AIR - KANT. H. C. R. 230, (2002) 1 LAB LN 638.2, 2001 (6) SUPREME 420, 2002 (1) LABLN 638, (2001) 6 SUPREME 420.2, 2003 SCC (L&S) 251, (2003) 2 LABLJ 278
Bench: M.B. Shah, S.N. Variava
JUDGMENT
1. Delay condoned.
2. Leave granted.
3. Heard the learned counsel for the parties. It is apparent that the order dated 18-8-1995 passed by the Karnataka Administrative Tribunal (for short 'the Tribunal') dismissing the petition solely on the ground of limitation is erroneous because in the present matter the appellant claims that his pension should be fixed on the basis of his seniority after taking into consideration his past service in Agricultural Produce Market Committee, Ramadurga. The dispute with regard to the pension arose only on 28-2-1993. The application was filed before the tribunal in 1995. Hence it cannot be said that it was barred by delay. In this view of the matter, the impugned order passed by the tribunal is quashed and set aside. The Tribunal is directed to decide the matter afresh on merits and consider whether as per Rules the previous services rendered by the appellant in other department as contended by him can be taken into consideration for determining the pension payable to him,
4. The appeal is disposed of accordingly. No order as to costs.