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2003 DIGILAW 272 (RAJ)

Union of India v. Jawahar Lal Sharma

2003-02-20

N.N.MATHUR, SUNIL KUMAR GARG

body2003
JUDGMENT 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. 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. 4. On the merit of the case it is submitted by Mr. S.S. Vyas, learned counsel for the Railway Administration that the finding of the Tribunal is vitiated as it is based on a forged document Ex. A/18. The learned counsel invited our attention to Ex. A/17 a letter dated 27/28.4.98 by the said letter the Principal, K.R. Inter College, Mathura informed the General Manager, Northern Railway, Baroda that the College is aided Institution of the Government of Uttar Pradesh. Thereafter, he has referred to another document Ex. A/18 dated 7.10.99. In Para 5 of the said letter the principal of the College while certifying that the College is U.P. Government Aided College on permanent basis since 1919 is also getting more than 50% Grant in Aid. According to the learned counsel the said document is a forged and manipulated letter. 5. In order to appreciate the contentions of the learned counsel, we have summoned the original record from the Tribunal. We have carefully gone through the record. The Tribunal by order dated 16.1.2001 inquired from the College as to since when it was receiving grant in aid from the State Government and the percentage thereof relating to different years of functioning of the college. A copy of the letter Annexure-A/18 dated 7.10.99 was also sent to the Principal. We have carefully gone through the record. The Tribunal by order dated 16.1.2001 inquired from the College as to since when it was receiving grant in aid from the State Government and the percentage thereof relating to different years of functioning of the college. A copy of the letter Annexure-A/18 dated 7.10.99 was also sent to the Principal. We find that the Principal of the College furnished information to the Tribunal by letter dated 15.2.2001. It will be convenient to extract the contents of the letter as follows:- "Kishori Raman Inter College, Mathura From : The Principal, K.R. Intermediate College, Mathura. No. K.R.Inc./155/2000-01 Dt. 15.2.2001 Ref : Your Letter No. CAT/JU/JUDL/OA269/97/234 Dated 22.1.2001, for the kind perusal of The Central Administrative Tribunal, Jodhpur 1. It is certified that KR Intermediate College Mathura is a UP Govt. aided institution on permanent basis since 1919 for High School and 1935 for Intermediate, getting more than 50% grant-in-aid. 2. Being a reputed college of UP under the able guidance of its Ex. Principles like Shri R.C. Bhargava, Shri B.C. Banerji and Shri KL Goel, retired Deputy Director of Education UP(PES) and Shri KL Gupta, MLC. It always received more than 50% Grants from the very beginning. Top performance in Public Examinations, Extra curricular and Co- curricular activities were instrumental in the receipt of Library and RR Grants, Building & Furniture grants over and above the basic criteria of minimum 50% Grants as per norms of the education code of UP. Letter/Certificate to Shri JL Sharma, Ex-lecturer was issued when I was on leave. However, a fresh certificate (Copy enclosed) was also issued on 27.01.2001 duly countersigned by the District Education Authority Mathura. It endorses whatever was written in the earlier certificate. 3. The teachers of this institution, like all UP Govt. aided institutions, are getting pension, Gratuity and other benefits. Like State Govt. teachers and the UP Govt. aided institutions they are at par and similar in all respects under UP Govt. Jurisdiction. 4. The Services conditions of the teachers including the Head of the institution are governed by an approved agreement executed by him and the Managing Committed as provided in the Education Code of UP. Sd/- (Principal) KR Intermediate College, Mathura" 6. aided institutions they are at par and similar in all respects under UP Govt. Jurisdiction. 4. The Services conditions of the teachers including the Head of the institution are governed by an approved agreement executed by him and the Managing Committed as provided in the Education Code of UP. Sd/- (Principal) KR Intermediate College, Mathura" 6. Reading of letters Annexures A/17 and A/18 along with communication of the College dated 15.2.2001, make it clear Kishori Raman Inter College, Mathura is a UP Government Aided Institution and was in receipt of more than 50% Grant in Aid. Thus, the respondent Jawahar Lal Sharma is entitled to the benefit of Printed S.No. 8955. We are in complete agreement with the view expressed by the Tribunal. We do not find any illegality in the order of the Tribunal, which calls for interference in exercise of powers of this Court under Article 227 of the Constitution of India. 7. Consequently, the writ petition being devoid of merit is dismissed in limine.Petition dismissed. *******