Abhay Kumar vs Union Of India
2022 Latest Caselaw 3583 MP

                                              WRIT PETITION No. 5724 of 2022

                                 -1-


     IN THE HIGH COURT OF MADHYA PRADESH AT INDORE

                              BEFORE

                 HON'BLE SHRI JUSTICE VIVEK RUSIA

                                  &

      HON'BLE SHRI JUSTICE AMAR NATH (KESHARWANI)

                    ON THE 14th OF MARCH, 2022


                   WRIT PETITION No. 5724 of 2022

   Between:-
   ABHAY KUMAR,
   S/O LATE SHRI SHAMBHU NATH VERMA,
   AGED ABOUT 54 YEARS,
   OCCUPATION: SCIENTIFIC OFFICER (H),
   RAJA RAMANNA CENTRE FOR ADVANCED
   TECHNOLOGY SUKHNIWAS,
   PO : RRCAT - INDORE 452013 (MADHYA PRADESH)
                                                        .....PETITIONER
   (BY SHRI PRASANNA J. MEHTA, ADVOCATE)

   AND

1 UNION OF INDIA,
  THROUGH SECRETARY,
  DEPARTMENT OF ATOMIC ENERGY,
  ANUSHAKTI BHAWAN, CSM MARG,
  MUMBAI 400001 (MAHARASHTRA)

2 DIRECTOR
  RAJA RAMANNA CENTRE FOR ADVANCED
  TECHNOLGOY, SUKHNIWAS,
  PO : RRCAT, INDORE - 452013
                                            .....RESPONDENTS
   (BY SHRI HIMANSHU JOSHI, ADVOCATE ON ADVANCE NOTICE)

      This writ petition coming on this day, JUSTICE VIVEK RUSIA passed

the following:

                            O R D E R

WRIT PETITION No. 5724 of 2022

The petitioner has filed this present petition being aggrieved by

order dated 07/12/2021 passed by Central Administrative Tribunal,

Jabalpur Bench, Circuit Sitting, Indore, whereby the Original Application

No.201/467/2020 has been dismissed because of non-condonation of

delay.

The facts of the case in short are as under:-

The petitioner is working as a Scientific Officer-H in the Raja

Ramanna Centre for Advanced Technology (RRCAT). His name was

considered for promotion by Review Screening Committee to the

Scientific Officer-G in the year 2010. The promotion list was issued,

however, the name of the petitioner was not there. Thereafter, in the year

2011, he has been promoted to the said post.

According to the petitioner in the year 2018 from some sources he

came to know that his case had wrongly been rejected by the Committee

despite he was having the adequate ACRs pertaining to the year 2005-

06, 2006-07, 2007-08 and 2008-09. He immediately applied for obtaining

the proceeding of Screening Committee under the Right to Information

Act, 2005 in the year 2018. After receipt of this relevant documents, he

approached the Tribunal by way of Original Application No.201/467/2020.

There was a delay in approaching the Tribunal, therefore, the petitioner

has filed a separate application under Section 21 of the Administrative

Tribunal Act, 1985 seeking condonation of delay.

The Tribunal after considering the averments made in the

application and the judgment cited by the petitioner / applicant has held

that the cause of action arose in favour of the petitioner in the year 2010, WRIT PETITION No. 5724 of 2022

when his case was not consider for promotion. However, he kept mum till

2019 and after lapse of 09 years he approached the Tribunal for his

grievance. However, he has been promoted to the post of Scientific

Officer-G in the year 2011.

Shri Mehta, learned counsel for the petitioner submits that had

ACRs of the petitioner were consider at the relevant point of time, he

would have earn promotion in the year 2010 instead of in the year 2011,

therefore, he is entitled for seniority from the year 2010. He has recurring

cause of action. Hence, the Tribunal ought to have a lenient view instead

of applying strict provisions of Limitation Act in its strict sense.

We have heard Shri P. J. Mehta, learned counsel for the petitioner

and Shri Himanshu Joshi, learned counsel for the respondent on advance

notice.

According to the petitioner, he believed that his case was properly

considered by the Screening Committee and due to some valid reasons

his name was not recommended for promotion but he was shocked and

surprised to know after obtaining the documents in the year 2018-19 that

his case had wrongly been rejected by the Committee.

We have gone through the averment made in Original Application,

specially in application filed under Section 21 of the Administrative

Tribunal Act, 1985. It is not in dispute that the delay is liable to be

condoned for approaching the Tribunal, Court or any Authority,

irrespective of the period of delay, if there are sufficient reasons for

condonation of delay. The only reason which the petitioner / applicant has

stated that in the year 2018 he gathered information that some foul play WRIT PETITION No. 5724 of 2022

has been played against him in screening process held in the year 2010,

thereafter, he applied under RTI on 20/12/2018 and he was supplied the

documents on 09/01/2019 and thereafter, he approached the Tribunal.

The source of above information in the year 2018 has not been described

in the application, there is only vague averment. The fact remains that the

petitioner after rejection of his candidature in the year 2010 did not make

any effort to know as to how his name has not been considered and

rejected. Had he made any representation or objection to the

respondents that would have been considered by respondents. He was

not vigilant about his right but he remain silent for 09 years and suddenly

after obtaining the documents under the RTI Act has approached the

Tribunal.

Section 21 of the Administrative Tribunal Act, 1985 provides the

limitation of 01 year for admitting an application from the date of cause of

action accrued in favour of the Government employee. The fact remains

that the petitioner had earned promotion in the year 2011 and further

promotion from time to time. The petitioner has failed to satisfy the

learned Tribunal that he had sufficient cause for not filing the application

within one year. We do not find any reason to interfere with the order

passed by the Tribunal. Accordingly, the writ petition stands dismissed.

Certified copy as per rules.

                      (VIVEK RUSIA)           (AMAR NATH (KESHARWANI))
                         JUDGE                        JUDGE
Tej

Digitally signed by
TEJPRAKASH VYAS
Date: 2022.03.14
18:08:09 +05'30'