Dr. B.S. Chauhan, J. - (1.) This writ petition has been filed challenging the judgment and order dated 15.5.2000 passed by the Central Administrative Tribunal, Allahabad Bench, Allahabad by which the case of the respondent No. 1 for seniority and other notional benefits has been allowed.
(2.) The facts and circumstances giving rise to this case are that petitioner filed the claim petition for quashing the order dated 14.2.1990 and 22/26.2.1990 passed by the General Manager, D.L.W. Varanasi seeking direction to the respondent to assign him the seniority and to promote him as a Senior Clerk and Ward Keeper w.e.f. 3.10.1963 and 26.6.1967 respectively in view of the judgment of the Honble Supreme Court passed in Civil Appeal No. 1643 of 1984 decided on 11.1.1989. The said applicant also sought fixation of his pay and payment of arrears of pay from the date of his revised position in each grade along with all the retirement benefits in the revised scales.
(3.) The basic question raised by the present petitioner, Union of India before the Tribunal was that the Original Application had been filed in 1994 i.e. after four years of the orders challenged by him and, therefore, the case was time barred. The learned Tribunal held that as the petitioner had been filing the representations repeatedly, the claim petition cannot be thrown out on the issue of limitation and as the applicant therein had been claiming the benefit of the judgment of the Honble Supreme Court delivered on 11.1.1989, the application cannot be treated to be time barred.;