Supreme Court of India · 2013-10-24
B.S.N.L. vs S.K.BHATNAGAR .
- Citation / case number
- SC 2011/23432
- Court
- Supreme Court of India
- Petitioner
- B.S.N.L.
- Respondent
- S.K.BHATNAGAR .
- Author
- VIKRAMAJIT SEN
- Bench
- VIKRAMAJIT SEN T.S. THAKUR
Judgment text excerpt
The Supreme Court held that the delay of 17 years in filing a claim for commutation of pension by Respondent no.1 was a significant factor in dismissing the appeal. The Court emphasized that the Central Administrative Tribunal (CAT) had erred in directing Bharat Sanchar Nigam Ltd. (BSNL) to prove payment without adequately considering the delay and the disputed facts surrounding the case. The Court referenced Union of India & Ors. v. Tarsem Singh (2008) 8 SCC 648, establishing that service matter claims are typically dismissed on grounds of limitation or delay, except in cases of continuing wrong. The appeal was allowed, setting aside the CAT's order and the High Court's decision.