SHYAM LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The petition impugns the order dated 6th October, 2020 of the Central Administrative Tribunal (CAT), Principal Bench of dismissal of O.A. No. 1461/2020 preferred by the petitioner.

(2.) The case of the petitioner in the said O.A. was, that (i) in the year 2004, he was holding the post of Scientist 'F' in the Ministry of Environment, Forest and Climate Change; (ii) steps for promotion to the next grade i.e. Scientist 'G' were initiated in April 2004; (iii) though the name of the petitioner was considered and recommended by the Selection Committee, the Appointments Committee of the Cabinet (ACC) did not clear the same; (iv) the petitioner retired from service on 31st January, 2006; (v) though the Selection Committee again met on 25th August, 2006 and considered the case of the petitioner but on finding that he was not in service, his name was not recommended; and, (vi) the petitioner made a representation on 9th February, 2005 and on not getting any relief, filed the O.A. aforesaid.

(3.) Cat has dismissed the application of the petitioner, reasoning (i) that the cause of action, if any, accrued to the petitioner in 2004, when the ACC did not clear his name, but the petitioner did not challenge the same at that stage and filed the O.A. only in the year 2020 i.e. after nearly one and a half decades and the claim of the petitioner was barred by latches; and, (ii) that the question of promoting retired employees did not arise; reliance was placed on Union of India Vs. K.K. Vadera , 1990 AIR(SC) 442.