The Union Of India, Through Secretary, Ministry Of Defence And ANR v. The Registrar, Central Administrative Tribunal, Bombay And ORS

skc 905-WP-8551-14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8551 OF 2014 The Union of India & Anr.

..

Petitioners versus The Registrar, CAT, Bombay & Ors.

..

Respondents Mr. Rui Rodriques with D. P. Singh with Ms J. Pandhi for Petitioner. Mr. P. J. Prasada Rao for Respondent No. 4.

CORAM:

V. M. KANADE AND M. S. SONAK, JJ.

DATE :

13 JULY 2016 P.C.:

1] The petitioners - Union of India are aggrieved by the judgment and order passed by the Central Administrative Tribunal (CAT) dated 23 September 1998. There is a gross unexplained delay of 16 years in approaching this court for the purposes of challenging the said impugned order passed by the CAT. On this ground alone, we are not inclined to entertain this petition. The petition therefore is dismissed on the ground that it has been filed after gross delay of 16 years. 2] We however clarify that in the event any issue arises in future in respect of increments being given to ad-hoc employees, then it will be open for the petitioners - Union of India to challenge it before the CAT. They are also at liberty to argue that the order passed by the CAT dated 23 September 1998 is passed without taking into consideration the judgments of the Apex Court.

3] Writ petition is accordingly disposed of in the aforesaid terms. (M. S. SONAK, J.) (V. M. KANADE, J.) chandka