Case: Shiv Dass Vs. Union Of India

Appellant was enrolled in Army Medical Corps, Lucknow in September, 1965. In 1982 he suffered from medical problem of weak eyesight and he became almost 80% disabled, despite being getting the treatment. Therefore, he was placed under low medical category by the Medical Board. He was relieved from the service being invalidated out of service. In 1983 appellant claimed disability pension for the 80% disability. It was rejected by the Chief Controller of Defence Accounts (Pension), Allahabad. Appellant claims that he had filed appeal before the appellate authority but there no reply was given. Since there was no intimation regarding any order in the appeal, he filed the writ petition in 2005. His prayer was for grant of disability pension. The High Court dismissed the writ petition.In support of the appeal, learned counsel for the appellant submitted that the High Court should have noted that the claim for pension provides for continuing cause of action. As the appellant had not received any intimation regarding the result of the appeal, he ultimately filed the writ petition.

Reasoning: In the case of pension the cause of action actually continues from month to month. That, however, cannot be a ground to overlook delay in filing the petition. It would depend upon the fact of each case. If petition is filed beyond a reasonable period say three years normally the Court would reject the same or restrict the relief which could be granted to a reasonable period of about three years. The High Court did not examine whether on merit appellant had a case. If on merits it would have found that there was no scope for interference, it would have dismissed the writ petition on that score alone.