Tribunals and CommissionsDivision Bench(2020) 10 CAT CK 0662

Diwan Singh vs The Secretary, Union Of India

Central Administrative Tribunal, New Delhi · Decided on 22 October 2020

HON’BLE JUDGES
L. Narasimha Reddy, Chairman · Aradhana Johri, Member (A)
CASE NUMBER
M.A. No. 1042/2020 & O.A. No.1637/2020

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Judgment

7 paragraphs · 185 words

Justice L. Narasimha Reddy:

The applicant has filed M.A with a prayer to condone the delay 1995 days in filing the O.A. The applicant intends to challenge the order dated 10.02.2009, through which he is said to have denied the benefits of 3rd Modified Assured Career Progression (MACP) Scheme. The reason for delay stated by the applicant is that he retired from service in the year 2012 and ever since, his wife was suffering from various ailments.

2.

Respondents filed a reply opposing the M.A.

3.

We heard Mr. Ashok Kumar, learned counsel for applicant and Mr. Ashish Rai, learned counsel for respondents, at length, through video conferencing.

4.

Though the applicant has stated that the delay is of 1995 days, it is much more than that. The delay is nearly 11 years. The order was passed on 10.02.2009, at a time when the applicant was in sevice. He retired three years thereafter. Even for the best of reasons, the delay cannot be condoned.

5.

M.A is accordingly dismissed. As a result, the O.A also stands dismissed.

There shall be no order as to costs.