AI Structured Summary
Not yet generated for this judgment
Judgment
A.K.Jayasankaran Nambiar, J.
This O.P.(KAT) is preferred by the wife and the legal representative of the original applicant before the Kerala Administrative Tribunal in T.A.No.2284 of 2012. It would appear that the original applicant Dr.M.Govindan expired on 6.8.2020. It is not in dispute that although the Tribunal had dismissed the transfer application by its order dated 31.3.2016, no steps were taken by the original applicant till his demise on 6.8.2020. Thereafter, almost two years later, this O.P.(KAT) has been filed by the wife of the deceased applicant in her capacity as the legal representative of the applicant.
We find that inasmuch as the original applicant had not taken any steps to pursue the matter immediately after the date of the order of dismissal of the T.A. by the Tribunal [31.3.2016], or within a reasonable period thereafter prior to his demise on 6.8.2020, the cause of action for pursuing the matter expired with the deceased applicant, and this is not the matter that can be pursued by the wife of the deceased applicant in her capacity as his legal representative. It is also significant that this O.P.(KAT) is preferred more than six years after the date of the order of the Tribunal. Under the said circumstances, we see no reason to entertain this O.P.(KAT), and the same is accordingly dismissed as not maintainable.