UOI Vs. JAI KANWAR KAUSHIK

JUDGEMENT

(1.) THESE are the applications by the petitioner/applicant seeking exemption from filing certified copies of the Lower Court Record and the certified copies of the translation of the annexures. Allowed subject to just exceptions. THESE are the applications for condonation of delay in filing and refilling the review application and for Review of order dated 20th January, 2010 dismissing the writ petition of the petitioners against the order dated 12th August, 2009 passed in OA No. 2123/2004 titled as Jai Kanwar Kaushik v. UOI and Ors. The petitioner/applicant has sought condonation of delay of 124 days in re-filing the application for review and for condonation of delay of 194 days in filing the review application.

(2.) BY the order dated 20th January, 2010, the writ petition of the petitioner against the order dated 12th August, 2009 passed in OA 2123/2004, was dismissed whereby the Tribunal had directed the petitioners to disburse pay and allowances to the respondent for the period on which he was not on duty was passed and the plea of the petitioners that the respondent was avoiding to join his duty on the post of Electric Fitter (Power), though, the said post did not bring him in contact with Diesel oil, grease, mobile oil, chromic water and petrol etc. was declined by the Tribunal.

(3.) THOUGH, while considering the plea of condonation of delay, the sufficient cause should be considered with pragmatism in justice oriented approach rather than a technical defection of sufficient cause explaining everyday?s delay. However, some cogent reason has to be explained and facts are to be disclosed so that facts disclosed may constitute sufficient cause.