Braham Singh vs Govt. Of Nct Of Delhi And Ors.
2006 Latest Caselaw 932 Del

JUDGMENT

Mukul Mudgal, J.

1. Rule DB. With the consent of the parties the writ petition is taken up for final hearing. The writ petition challenges the order dated 21st February, 2005 in OA No. 1654/2004 by the CAT.

2. The petitioner herein had challenged before the Central Administrative Tribunal (CAT) the denial of the second financial upgradation to him under the Assured Career Progression Scheme from 18th July, 2000 when he completed his 24 years of service. The petitioner also represented for the deletion of adverse remarks from the service record of the petitioner.

3. By the order dated 21st February, 2005 the Tribunal held that the claim before the Tribunal is barred by Section 21 of the Central Administrative Tribunal Act which prescribed the period of limitation as one year period which would would run from the date when the representation was rejected. The Tribunal did not notice the fact that the representation made by the petitioner was rejected on 16th June, 2003 and that the petitioner's appeal dated 26th June, 2003 against the rejection of the representation had not been disposed of. On 24th March, 2006 the following order was passed by this Court:-

While the issue involved in the present writ petition relates to the plea of limitation and preferring an original application before the CAT in respect of an order/representation, upon a perusal of the pleadings we find that the petitioner preferred an appeal dated 26th June, 2003. It has been averred that the said appeal has not been disposed of. The respondents shall communicate to the Court whether the petitioner's appeal dated 26th June, 2003 has been disposed of or not. In case the appeal has been disposed of, the order disposing of the said appeal will be brought to the Court on the next date of hearing. List on 31st March, 2006. A copy of this order be given dusty to the counsel for the parties under the signature of the Court Master.

4. Subsequently an order disposing of the representation of the appeal of the petitioner has been passed on 27th March, 2006. Consequently since the appeal against the rejection of the representation which is only a continuation of the representation, has been only disposed of on 27th March, 2006, the Tribunal's order dated 21st February, 2005 dismissing the O.A. on grounds of limitation cannot be sustained and is accordingly set aside. We are of the view that it will be open to the petitioner to assail the said order in appeal dated 27th March, 2006 before the CAT by filing an OA. It will be open to the petitioner to take all the pleas including those raised in the earlier O.A. The Tribunal is directed to dispose of the O.A. To be filed on merits. The writ petition stands disposed of in view of the order passed today.