P.L. SHAH versus UNION OF INDIA & ANR.

P.L. SHAH versus UNION OF INDIA & ANR.

The Tribunal was not right in rejecting the application solely on limitation grounds; cause of action for subsistence allowance arises each month at the reduced rate. The Tribunal is empowered to consider restoration for periods within three years prior to it exercising jurisdiction, and can fix an appropriate date considering the application date.

Parties
Appellant: P.L. Shah; Respondents: Union of India & Anr.
Jurisdiction
India
Judgment Date
18 January 1989
Procedural Posture
Civil Appeal / Appeal by Special Leave Against Order of Central Administrative Tribunal, Ahmedabad in M.a. No. 49 of 1988
Outcome
Appeal allowed; case remanded to Tribunal to dispose of the application on merits.
Legal Topics
Subsistence Allowance, Suspension, Limitation Under Administrative Tribunals Act
Administrative Law Civil Service Law Subsistence Allowance Suspension Limitation Under Administrative Tribunals Act

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

P.L. Shah

Appellant

Union of India & Anr.

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave Against Order of Central Administrative Tribunal, Ahmedabad in M.a. No. 49 of 1988

Legal Issues

  1. 1 Whether the application for restoration of subsistence allowance made after five years is maintainable in light of limitation under Section 21(2) of Central Administrative Tribunals Act, 1985
  2. 2 Whether cause of action for subsistence allowance arises every month when reduced allowance is paid

Ratio Decidendi

The Tribunal was not right in rejecting the application solely on limitation grounds; cause of action for subsistence allowance arises each month at the reduced rate. The Tribunal is empowered to consider restoration for periods within three years prior to it exercising jurisdiction, and can fix an appropriate date considering the application date.

Court Disposition

Appeal allowed; case remanded to Tribunal to dispose of the application on merits.

Orders

  • Order of Tribunal rejecting application set aside.
  • Case remanded to Tribunal for merits determination.