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Central Administrative Tribunal - Lucknow

Dinesh Kumar (Sc) And Another vs Union Of India And Others on 18 March, 2011

Central Administrative Tribunal, Lucknow Bench, Lucknow M.P. No 1066/2010 in Dy. No.1532/10 This the 18th day of March, 2011.


Dinesh Kumar  (SC)  and another 		Applicants

By Advocate: Sri A.C. Mishra

				Versus

Union of India and others		    Respondents

By Advocate: Sri S.M.S.Saxena


Honble Mr. Justice Alok Kumar Singh, Member (J)

Sri A.C. Mishra for applicant
Sri S.M.S.Saxena for respondents

M.P. No. 591/2011:  This is an application for directing the respondents    for filing C.A. In fact, the  direction has  already been given for  filing  C.A. This  application has become in-fructuous .  

A preliminary objection has also been filed, therefore, it would be necessary to dispose it of and then take up the joint application and amendment application.

M.P. No. 1325/2010: This is an application for dismissal of O.A. as time barred.

Heard on the application for dismissal of O.A.as time barred.

In para 4 , 5 and 6 of this application, it has been said that though both the applicants have no where mentioned in the petition that o when their services were terminated or they were disengaged but from their own record, it appears that after 1993/1994, they did not work as casual labour . Thus, there is an inordinate delay of about 16 years. Neither any written reply has been filed against this application nor the learned counsel for applicant could give any satisfactory reply for such inordinate delay. In the entire pleadings, there is no explanation at all regarding the inordinate delay. Any application for condonation of delay has also not been moved. In the circumstances, this application is allowed and the O.A. is dismissed on the ground of it is being barred by limitation. No costs.

Member (J) HLS/-