U. K. John Bodra v. Union Of India

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 2747 of 2016 U.K. John Bodra S/o Shri C.S. Bodra aged about 56 years Caste Mundra (Scheduled Tribe) posted as Accounts Assistant in the post of Senior Divisional Manager, South Eastern Railway, Bilaspur (Chhattisgarh) Resident at Rly. Qrs. No.1120/B Construction Colony, Bilaspur (Chhattisgarh) ---- Petitioner

Versus

1.

Union of India through General Manager South Eastern Central Railway G.M. Building Bilaspur (Chhattisgarh) 2.

Financial Advisor & Chief Accounts Officer (Administrative) G.M. Building Bilaspur (Chhattisgarh) 3.

Senior Divisional Finance Manager South Eastern Central Railway Bilaspur (Chhattisgarh) ---- Respondents For Petitioner : Shri Avinash K. Mishra, Advocate.

Hon'ble Shri Deepak Gupta, Chief Justice Hon'ble Shri Sanjay K. Agrawal, J.

Order on Board Per Deepak Gupta, Chief Justice 11/07/2016 1.

This petition is directed against the order dated 8.3.2016 passed by the Central Administrative Tribunal, Jabalpur Bench, Circuit sitting, Bilaspur. The Petitioner in his original application had prayed that he should be promoted with effect from 1983 with all consequential benefits. The Tribunal held that the petition was highly belated.

2.

Before us, it is urged by Mr. Avinash K. Mishra that the Petitioner had earlier approached the Central Administrative Tribunal, Kolkata Bench along with 29 other employees whereas the original application filed by 27 employees were allowed and in respect of Petitioner and one other it was

rejected. The ground of rejection was that the Kolkata Bench of the Central Administrative Tribunal did not have jurisdiction to entertain the dispute with regard to those employees because they were working at Bilaspur. 3.

This order of the Central Administrative Tribunal was passed on 30.9.2008. The Petitioner did not challenge this order by filing the appeal but instead chose to file another representation to his employer. This representation has been filed on 24.5.2016 i.e. after the order passed by the Jabalpur Bench of the Central Administrative Tribunal. The Petitioner remained absolutely silent about the order passed by the Central Administrative Tribunal, Kolkata Bench and approached the Jabalpur Bench of the Central Administrative Tribunal only in the year 2016. 4.

No reason has been given to explain the inordinate delay of eight long years. Therefore, the Learned Tribunal was justified in rejecting the original application as being hopelessly time barred.

5.

We find no reason to entertain this petition. It is dismissed accordingly. Sd/- Sd/- (Deepak Gupta) (Sanjay K. Agrawal) CHIEF JUSTICE JUDGE Anu