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Judgment
This matter is taken up through hybrid mode.
Heard Mr. P.K. Khuntia, learned counsel appearing for the petitioners and Mr. B.S. Rayaguru, learned Central Government Counsel appearing along with Mr. P.K. Parhi, learned Deputy Solicitor General of India appearing for the opposite parties.
The petitioners have filed this writ petition seeking to quash the order dated 11.08.2022 passed in M.A. No.260/00131 of 2020 arising out of O.A. No.260/000503 of 2019, by which the Central Administrative Tribunal, Cuttack Bench, Cuttack has dismissed the said M.A. No.260/00131 of 2020 as well as O.A. No.260/000503 of 2019 on the ground of limitation.
Mr. P.K. Khuntia, learned counsel appearing for the petitioners contended that though similarly situated persons have been provided with notional seniority and promotion w.e.f. 27.07.1996 in compliance of the order dated 20.07.2016 passed by the Tribunal in O.A. No.226/610 of 2014, but the petitioners have been discriminated.
As it appears, after the order dated 20.07.2016 was passed by the Tribunal in O.A. No.226/610 of 2014, the petitioners filed representation on 30.08.2018 before the authority and the same was rejected. Therefore, the petitioners approached the Tribunal by filing O.A. No.503 of 2019. The Tribunal, while adjudicating the matter, considered the objection raised by the opposite parties with regard to maintainability of the O.A., as the petitioners had approached the Tribunal beyond the prescribed period of one year. The Tribunal granted benefit to the similarly situated persons, vide order dated 20.07.2016, but the petitioners submitted their representation on 30.08.2018, which is more than one and half years. As such, the persons, who had approached the Tribunal well within the time specified, got the benefit, but the petitioners, being fence sitter cannot claim such benefit by filing the O.A. beyond the specified period. Therefore, the Tribunal has rightly dismissed O.A. No. 260/00503 of 2019, which was filed at a belated stage, vide order dated 11.08.2022 rejecting the claim of the petitioners.
In view of such position, this Court is not inclined to entertain this writ petition. Accordingly, the same is dismissed confirming the order dated 11.08.2022 passed by the Tribunal in O.A. No. 260/00503 of 2019.
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