BRAHAM SINGH Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) Rule DB. With the consent of the parties the writ petition is taken up for final hearing. The writ petition challenges the order dated 21st February, 2005 in OA No.1654/2004 by the CAT.

(2.) The petitioner herein had challenged before the Central Administrative Tribunal (CAT) the denial of the second financial upgradation to him under the Assured Career Progression Scheme from 18th July, 2000 when he completed his 24 years of service. The petitioner also represented for the deletion of adverse remarks from the service record of the petitioner.

(3.) By the order dated 21st February, 2005 the Tribunal held that the claim before the Tribunal is barred by Section 21 of the Central Administrative Tribunal Act which prescribed the period of limitation as one year period which would would run from the date when the representation was rejected. The Tribunal did not notice the fact that the representation made by the petitioner was rejected on 16th June, 2003 and that the petitioner's appeal dated 26th June, 2003 against the rejection of the representation had not been disposed of. On 24th March, 2006 the following order was passed by this Court:-