N.N. Mathur, J. - (1.) The Central Administrative Tribunal by impugned order dated 17.9.2001 has directed the petitioner Union of India to count the past services of respondent Jawahar Lal Sharma rendered by him to Kishori Raman Inter College, Mathura from 17.8.1953 to 7.7.1963 for the purpose of pension and pensionary benefits. The said decision has been challenged by the Union of India and other officers of the Northern Railway by way of instant writ petition under Article 227 of the Constitution of India.
(2.) Briefly stated the facts of the case are that respondent Jawahar Lal Sharma was appointed as Lecturer in the Department of History, Kishori Raman Inter College, Mathura in the year 1953. In the year 1963 he joined Railway services and continued till superannuation i.e. upto 30th June, 1989. The Railway Administration fixed his pension taking into account his qualified service for the period 8th July, 1963 to June 30, 1989. The say of the respondent is that his representation to count his previous service with the K.R. Inter College, Mathura for the period 1953 to 1963 did not find favour with the Railway Administration. Thus, he approached the Central Administrative Tribunal by way of filing an Original Application in the year 1997. The petitioner Railway Administration contested the claim of the respondent on the ground that he was not entitled to the benefit of counting his services rendered with the K.R. Inter College, Mathura as the said Institution is neither a Government college nor an autonomous body under the Government of Uttar Pradesh. The plea of limitation was also raised. The Tribunal over-ruled the objection with respect to the limitation on the ground that the representation of the respondent remained pending with the Railay Administration with respect to the counting of his previous service. On the merit of the case, the Tribunal found that the K.R. Inter College, Mathura was a U.P. Government aided Institution receiving more than 50% Grant in Aid and as such the respondent was entitled to the benefit of Printed Serial No. 8955. The Tribunal accordingly allowed the Original Application filed by the respondent and granted the relief.
(3.) It is contended by Mr. S.S. Vyas, learned counsel for the Railway Administration that Tribunal committed error in not rejecting the Original Application as barred by Limitation. Section 21 of the Administrative Tribunals Act, 1985 prohibits admission of an Application under Section 19 unless the same is presented within one year of the order and if there is prescribed representation under statutory or specified Department Rules within 1 1/2 years of making such representation, if no order is passed. The material on record shows that the representation was pending with the authorities and no positive response was given to the respondent. On consideration of material on record the Tribunal found that there was sufficient reason for the respondent in not approaching the Tribunal within stipulated period. The finding of fact recorded by the Tribunal does not call for any interference by this Court in exercise of its power under Article 227 of the Constitution of India.;