The District Forest Officer v. Md. Shoukat Ali

HON'BLE THE CHIEF JUSTICE SRI THOTTATHIL B. RADHAKRISHNAN AND HON'BLE SRI JUSTICE A. RAJASHEKER REDDY WRIT PETITION No.5897 of 2019 ORDER: (per the Hon'ble the Chief Justice Sri Thottathil B. Radhakrishnan) This Writ Petition is filed invoking Article 227 of the Constitution of India and challenging the decision of the State Administrative Tribunal issued on 27.09.2013. 2.

Even the endorsement in the papers, which are produced, would show that the copy of the order of the Tribunal was received in the Office of the first respondent on 11.10.2013. The enormous delay in instituting this Writ Petition challenging the order of the Tribunal is not explained to our satisfaction. The only plea that is projected is that the Original Application was ordered without giving opportunity to the respondents therein to file objections or counter-affidavit. While it is true that the matter was disposed of at the stage of admission, it is worthwhile to note that the quality of appointment of the applicants before the O.A. and the relevant factors, including as noted in paragraph No.11 of the order impugned, have been considered by the Tribunal. We do not see that the impugned order of the Tribunal results in any injustice to the establishment particularly, when the Tribunal has relied on earlier orders in similar issues to ultimately conclude

HCJ & ARR, J W.P.No.5897 of 2019 that the applicants, who were daily rated workers, were entitled to the relief granted. At this distance of time, we do not see any ground to entertain this Writ Petition under Article 227 of the Constitution, more than 51⁄2 years after the decision rendered by the Tribunal.

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The Writ Petition is accordingly dismissed.

Pending miscellaneous petitions, if any, shall also stand dismissed. There shall be no order as to costs. ___________________________________ THOTTATHIL B. RADHAKRISHNAN, CJ Date: 22.03.2019 ________________________ A. RAJASHEKER REDDY, J kvni