Union Of India vs Tarsem Singh on 19 September, 2019
"4. As regards the issue of delay in matters pertaining to claims of pension, it
has already been opined by this Court in Union of India v. Tarsem
Singh [Union of India v. Tarsem Singh, (2008) 8 SCC 648 : (2008) 2 SCC (L&S)
765] , that in cases of continuing or successive wrongs, delay and laches or
limitation will not thwart the claim so long as the claim, if allowed, does not
have any adverse repercussions on the settled third-party rights. This Court
held : (SCC p. 651, para 7)
"7. To summarise, normally, a belated service related claim will be
rejected on the ground of delay and laches (where remedy is sought
by filing a writ petition) or limitation (where remedy is sought by an
application to the Administrative Tribunal). One of the exceptions to
the said rule is cases relating to a continuing wrong. Where a service
related claim is based on a continuing wrong, relief can be granted
even if there is a long delay in seeking remedy, with reference to the
date on which the continuing wrong commenced, if such continuing
wrong creates a continuing source of injury. But there is an
exception to the exception. If the grievance is in respect of any order
or administrative decision which related to or affected several others
also, and if the reopening of the issue would affect the settled rights
of third parties, then the claim will not be entertained. For example,
if the issue relates to payment or refixation of pay or pension, relief
may be granted in spite of delay as it does not affect the rights of
third parties. But if the claim involved issues relating to seniority or
promotion, etc., affecting others, delay would render the claim stale
and doctrine of laches/limitation will be applied. Insofar as the
consequential relief of recovery of arrears for a past period is
concerned, the principles relating to recurring/successive wrongs
will apply. As a consequence, the High Courts will restrict the
consequential relief relating to arrears normally to a period of three
years prior to the date of filing of the writ petition."