SUPREME COURT OF INDIA

Before:- M.B. Shah and S.N. Variava, JJ.

Civil Appeal No. 1783 of 2001 (arising out of SLP (C) No. 13034 of 1998). D/d. 12.3.2001.

S.M. Munawalli - Appellant

Versus

State of Karnataka - Respondent

Administrative Tribunals Act, 1985, Section 15 - Limitation - Fixation of pension - On the basis of his seniority after taking into consideration his past service - Dispute with regard to pension arose only on 28.2.1993 - Application filed before tribunal in 1995 - Cannot be said to be barred by delay.

[Para 3]

JUDGMENT

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 Agricul-tural 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.

Order accordingly.