1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1979 OF 2003 Raghunath D. Pradhan .. Petitioner. Vs. The Union of India & Ors. .. Respondents. .... Ms. Nandini Menon for the petitioner. Mr. D.A. Dubey for respondent Nos.1 to 3. Mr. Khanjode i/b M/s. M.V. Kini & Co. for respondent No.4. .... CORAM : DALVEER BHANDARI, C.J.& DR.D.Y.CHANDRACHUD, J. 21st December, 2004. P.C. : The Central Administrative Tribunal was, in our view, justified in dismissing the application filed by the Petitioner, both on the ground of delay and on merits. In so far as the merits are concerned, the Petitioner retired from the Department of Civil Aviation on 30th April, 1974. He was on deputation with the International Airports Authority of India from 15th August, 1972. The Petitioner was granted a proforma promotion to the post of Director and it is common ground that his substantive rank in his 2 parent department was that of a Senior Aerodrome Officer. In these circumstances, the Tribunal was correct in holding that since the Petitioner had not drawn emoluments in the pay of Director or Deputy Director, in his parent department, the pay in those posts could not be considered for the purpose of determining his pension. That apart, the cause of action arose in 1976. The Tribunal has noted that the Petitioner did not question his pay fixation at the relevant time and continued to draw the pension accordingly for over 25 years. The claim made before the Tribunal was hence hopelessly belated. We, in the circumstances, do not find any reason to exercise our jurisdiction under Article 226, there being no infirmity in the order of the Tribunal. The Petition is accordingly dismissed. CHIEF JUSTICE DR.D.Y.CHANDRACHUD, J.