Law:

Section:

(a) Service Tribunals Act (LXX of 1973)-- ---S.4(1)(c)--Appeal before Tribunal--Maintainability--Cut off date of 1-7-1969--Issues involving a source of continuing wrong or grief to a civil servant but riot adjudicated upon by Tribunal, held, shall continue to be within jurisdiction of Tribunal irrespective of cut off date of 1-7-1969--Wrong fixation of pension or pay even prior to 1-7-1969, held, within jurisdiction of Tribunal because aggrieved Civil Servant suffers loss every month and cause of action to agitate his right accrues to him every month. (b) Civil service -- ---Res judicata--Previous appeal dismissed by Service Tribunal on technical grounds and not on merits--Principle of res judicata, held, not applicable on fresh appeal--Service Tribunals Act (LXX of 1973), S.4. (c) Service Tribunals Act (LXX of 1973)-- ---S. 4--Limitation Act (IX of 1908), S.5--Limitation--Condonation of delay--Appellant agitating against wrong fixation of pension on basis of letter dated 28-11-1967--Civil suit dismissed on grounds of jurisdiction-­Appeal before Service Tribunal not entertained on grounds that impugned order was of date prior to 1-7-1969--Appellant once again seeking redress by way of civil suit but same again dismissed--Appellant again filing fresh appeal before Tribunal in 1982--Application for condonation of delay in circumstances, granted and delay condoned. (d) Service Tribunals Act (LXX of 1973)-- ---S.4--Review--Appellant seeking redress against wrong fixation of pension under letter of date prior to 1-7-1969--Appeal dismissed as not entertainable because of cut off date of 1-7-1969--Fresh appeal entertained due to subsequent views of Tribunals--Fresh appeal titled as "Review Appeal"--Fresh appeal actually not for review of previous appeal but a new appeal though forming part of chain of events dating back to 1967--Objection that Tribunal has no power to review its order, in circumstances, repelled. (e) Superior Civil Service Rules-- --- R. 13(a)--Civil Service Regulations, para. 475-A--Special additional pension--Pension Rules revised with effect from 1-7-1966 vide Ministry of Finance O.M. dated 18-8-1966 issued with assent of President--No mention in…

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