Sh. Hukam Singh and Ors. v. Ministry of Defence and Ors.

1. The petitioners are aggrieved by the order dated 19.4.2017, passed by the Tribunal, dismissing the Original Applications filed by them [O.A. No. ^ 1262/2017 in W.P.(C) No. 6039/2018 and O.A. No. 1265/2017 in W.P.(C) No. 6054/2018]. The petitioners have also challenged the order dated 06.3.2018, passed by the Tribunal, dismissing their Review Application NO. 134/2017 in W.P.(C) No. 6039/2018 and Review Application No. 133/2017 inW.P.(C) No. 6054/2018) for seekingreview ofthe order dated 19.4.2017.

2. On 19.4.2017, as none had appeared for the petitioners though the matters were called twice, the Tribunal had dismissed the Original Applications filed by them, taking note of the fact that the Misc. W.P.(C) 6039/2018&W.P.(C) 6054/2018 ^ 2018:DHC:8757-DB Applications filed along with the Original Applications for seeking condonation of delay of 4288 days, did not offer sufficient cause. Once the Misc. Applications were disallowed, the O.As. were also dismissed.

3. On 04.5.2017, the petitioners filed R.A. No. 133/2017 in W.P.(C) NO. 6054/2018 and R.A. 134/2017 in W.P.(C) 6039/2018 for seeking review of the order dated 19.4.2017, which was dismissed by the Tribunal vide order dated 06.3.2018. Aggrieved by the said orders, the petitioners have filed the present petitions.

4. Dr. Dalai, learned counsel for the petitioners relies on the judgment dated 28.4.2017, passed by another Bench of the Tribunal in O.A. NO. 4086/2015 entitled Surender Pal Singh & Ors. vs. Directorate General Medical Services TArmv^ &Ors., to contend that the petitioners therein were similarly situated as the petitioners in the present petitions as they were also working as 'MaalV in the Armed Forces Hospitals and they had challenged the order dated 17.11.2005 issued by the Ministry of Defence, Govt. of India, relating to grant of Hospital Patient Care Allowance (in short the 'HPCA') and Patient Care Allowance (in short the 'PCA') to Group 'C and 'D' (Non-Ministerial) employees of the Armed Forces Hospitals/Medical Establishments. The Tribunal had allowed the captioned original application by holding that denial of HPCA to the petitioners therein was arbitrary. However, the relief with regard to arrears was confined to aperiod ofthree years from the date offiling ofthe O.A.

5. Learned counsel for the petitioners states that the aforesaid judgment dated 28.4.2017, has been duly implemented by the respondents and appropriate relief has been granted to the applicants therein. Since W.P.(C) 6039/2018 &W.P.(C) 6054/2018 2of[4] petitioners herein are similarly placed, they are also entitled to the same relief.

6. Mr. Ahluwalia, learned counsel for the respondents, who appears on advance notice, states that the O.As. filed by the petitioners were highly belated and the explanation offered in the applications for condonation of delay filed along with the O.As., is very sketchy. Except for stating that the petitioners had submitted representations to the Department on 30.10.2016, there is no explanation offered by them for explaining the delay, reckoned from the November, 2005, till the date offiling ofthe O.As.

7. In response, learned counsel for the petitioners refers to ajudgment of the Supreme Court in the case of Union of India &Ors. vs. Tarsem Singh reported as (2008) 8SCC,648 wherein belated service related claims have been dealt with. The Supreme Court had observed that ''Where a service related claim is based on a continuing wrong, reliefcan be granted even if there is along delay in seeking remedy, with reference to the date on which the continuing wrong commenced, if such a continuing wrong creates a continuing source ofinjury".

8. We are ofthe opinion that the Tribunal ought to have considered the Review Applications filed by the petitioners on merits particularly, since they had mentioned the decision of a Co-ordinate Bench in the case of Surender Pal Singh(supraY in the ReviewApplications.

9. In view of the above, the impugned orders dated 19.4.2017 and 06.3.2018 are quashed and set aside. The matters are remanded to the Tribunal for a fresh consideration on merits particularly, in the light ofthe judgment dated 28.4.2017, passed by the Tribunal in the case ofSurenfe W.R(C) 6039/2018 &W.P.(C) 6054/2018 3of[4] ~J ( Pal Singh (supra). While considering the aspect ofdelay, the Tribunal shall be mindful ofthe decision ofthe Supreme Court in the case ofTarsem Singh (supra) and if the petitions are allowed, then the consequential relief of. arrears can be restricted to three years prior to the date offiling the Original Applications.

10. The parties shall appear before the Tribunal on 27.7.2018, for further proceedings.

11. Thepetitions are disposed of. HIMAKOHLI, J REKHA^A^LI,J MAY 30,2018 ap/rkb