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Judgment
Per:-- JUSTICE NARENDRA KUMAR JOHARI, MEMBER [J]
Counsels for both the sides are present.
Counsel for the applicant has submitted that, in the present O.A., the applicant has assailed the order dt. 09.02.2023 passed by Sr. Divisional Railway Personnel Officer, by which the seniority of the present applicant has been wrongly assigned by issuing a combined seniority list of Commercial-cum-Ticket Clerk in the merged category.
This case first came on board on 22.04.2026, and on that date, counsel for the applicant sought time to file an application for condonation of delay, which was granted by this Tribunal, and the Bench matter was listed on 18.05.2026.
On 18.05.2026also, counsel for the applicant again sought time, which was granted but till today no such application for condonation of delay has been filed. Today again, counsel for the applicant has submitted that due to some reason he is not able to file an application for condonation of delay and the Tribunal may pass a suitable order.
In view of the above, we have considered the case of the applicant. According to Section 21 (1) (b) of the Administrative Tribunals Act, 1985, a limitation period for instituting the application has been provided as under:-
6.Section 21 (1) (b)-in a case where an appeal or representation such as is mentioned in clause (b) of sub-section (2) of section 20 has been made and a period of six months had expired thereafter without such final order having been made, within one year from the date of expiry of the said period of six months.
Accordingly, since no application with prayer for condonation of delay has been moved, therefore, according to provision of above Section 21 (1) (b) the O.A. is barred by the period of limitation. Hence, the O.A. is dismissed as not filed by the applicant within the prescribed period of limitation.
It is made clear that we have not gone into the merits of the case.
No order as to costs.