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1 - 3 of 3 (0.18 seconds)The Administrative Tribunals Act, 1985
M.R. Gupta vs Union Of India & Ors on 21 August, 1995
8. I have heard both sides and have perused the material on
record. I first deal with the preliminary objection raised by the
learned counsel for respondents. The first objection was that this
OA was time barred inasmuch as the applicant was claiming
counting of service periods between 1.07.1982 to 27.08.1982
and 20.10.1987 to 8.09.1992 several years later. Shri Singh
argued that the applicant's contention that he came to know
about non-counting of this period only when his PPO was
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OA 2188/2013
released cannot be accepted as he must have been
communicated the orders regarding grant of extraordinary leave
as well as treating the period as dies-non. The applicant, on the
other hand, claimed that he had not received any such orders
and came to know about these periods only when his PPO was
issued. Be that as it may, since the issue here relates to the
counting of service for the purpose of pension, this is a recurring
cause of action and in terms of judgment of Hon'ble Supreme
Court in the case of M.R.Gupta Vs. Union of India and Others
(1995) SCC 5 628) limitation in my opinion shall not apply to
this case. Hence this objection of the respondents is rejected.
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