General Manager vs K.V. Joseph

Headnote AI-drafted · Editorially reviewed

The petitioners, Southern Railway authorities, challenged an order of the Central Administrative Tribunal, Ernakulam Bench dated 09.06.2025 passed in M.A. No.183 of 2025 in O.A. No.693 of 2024, whereby the Tribunal condoned a delay of 12,105 days (over 33 years) in filing an Original Application by the respondent, a former Welder Gr.III who was removed from service on 10.11.1990, seeking compassionate allowances. The Tribunal had held that non-payment of compassionate allowance constitutes a continuing wrong and that the enormous delay would not stand in the way of granting the same.

The petitioners contended that no cogent reasons were assigned for condoning the inordinate delay, that the application was vague and did not explain the delay on a day-to-day basis, and that the Tribunal did not consider the objections raised by the Railways. The respondent countered that he suffered from mental stress requiring prolonged treatment at a Siddha Vaidhyashala and was also diagnosed with cancer, making the delay bona fide, and that the claim for compassionate allowance constitutes a continuing cause of action.

The Kerala High Court examined several Supreme Court pronouncements on condonation of delay and the principle of continuing wrong in service matters before proceeding to decide the petition.

Catchwords: condonation of delay compassionate allowance continuing wrong service law Central Administrative Tribunal removal from service inordinate delay Article 227 Administrative Tribunals Act 1985 Section 21(2)