A Division Bench dismissed a writ petition challenging a Central Administrative Tribunal order refusing to condone delay. The court held that granting relief would force petitioners back to the Tribunal superannuation having likely set in.
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THE HON'BLE SRI JUSTICE V. RAMASUBRAMANIAN
AND
THE HON'BLE SRI JUSTICE G. SHYAM PRASAD WRIT PETITION No.22591 OF 2005
ORDER : ( Per Hon’ble Sri Justice V. Ramasubramanian)
The petitioners have come up with the above writ petition challenging an order of the Central Administrative Tribunal, Hyderabad, Bench at Hyderabad, (for short, ‘the Tribunal’) refusing to condone the delay in filing the main Original Application. The main Original Application was filed by the petitioners, seeking posting orders from the date on which notional promotion was given. At the time of filing the writ petition, the first petitioner was aged 50 years and the second petitioner was aged 47 years. The writ petition is of the year 2005. By now, both the petitioners would have reached superannuation. In any case, even if the petitioners succeed, they will only have the delay condoned, forcing them to go back to the Tribunal to prosecute the main Original Application. Therefore, at this distance of time, no relief can be granted to them even by the Tribunal. Hence, the writ petition is dismissed. No order as to costs.
As a sequel to dismissal of the writ petition, miscellaneous petitions, if any, pending in this writ petition, shall stand dismissed as infructuous.
________________________ V. RAMASUBRAMANIAN, J
________________________ G. SHYAM PRASAD, J
Date: 03-11-2016. Dsh
VRS, J & GSP, J
2 WP No.22591/2005
THE HON'BLE SRI JUSTICE V. RAMASUBRAMANIAN
AND
THE HON'BLE SRI JUSTICE G. SHYAM PRASAD
204
08112016
WRIT PETITION No.22591 OF 2005 (Order of the Division Bench delivered by Hon’ble Sri Justice V. Ramasubramanian)
Date. 03-11-2016
DSH
2 issues framed by the court
Whether to condone delay in the main Original Application when petitioners are likely to be in superannuation by now.
Whether to grant relief challenging the Tribunal's refusal to condone delay at this distance of time.
Petitioner 1
Petitioner 2
Respondent
V. Ramasubramanian
G. Shyam Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
