UNION OF INDIA Vs. MUDDOBALAIAH

JUDGEMENT

(1.) Special leave granted.

(2.) The case of the respondent before the Tribunal was that by order dated 6th may, 1987 he would be considered as a Scheduled Tribe candidate and on that basis he should have been considered for promotion to the post of Assistant engineer and to the higher promotions thereafter. The appellants herein in reply had stated that the respondent herein had been given all the benefits which were due to him. He was not considered by the DPC held in 1984, 1986 and 1991 because he had not come within the zone of consideration. The Tribunal, nevertheless, has directed by the order dated 3rd November, 1998 that the respondent herein should be considered and a review dpc constituted for the year 1984 by regarding him as a Scheduled Caste candidate. The writ petition filed by the appellants herein was dismissed by the high Court. Hence, this appeal by special leave.

(3.) It is not in dispute that the period of limitation for filing an application before the Tribunal is three years from the cause of action. In the instant case, the respondent had desired that he should have been considered for promotion by regarding him as a Scheduled Tribe candidate in the DPC which was held in 1984. The respondent got a favourable order from the Government of India on 6th May, 1987 when he was reclassified as belonging to Scheduled tribe. The respondent could have filed an application within three years thereafter. The respondent, however, chose to move the Tribunal 10 years after the issuance of the said letter, namely, in the year 1997.