SHANTILAL K SOLANKI Vs. UNION OF INDIA

JUDGEMENT

(1.) The challenge in this petition is against the order of the Central Administrative Tribunal, Ahmedabad Bench, dated 27.4.2000 in Original Application No. 616 of 1999 whereby the application claiming the right of appointment on compassionate ground of the petitioner after the death of his father came to be rejected. A relevant and material conspectus of facts leading to the rise of this petition may be highlighted at the outset:

(2.) It becomes, therefore, clear that the petitioner, the unfortunate son of the father who died in harness while serving in Railway, became major on 11.4.1994 and he was required to make an application for the purpose of appointment on compassionate ground on or before 11.4.19947. However, the petitioner had made two representations as stated hereinabove; one in July 1995 and the second, in October 1996.

(3.) The Tribunal has, mainly, rejected the application on the ground that the application being Original Application No.616 of 1999 was filed beyond the period of limitation prescribed under Section 21 of the Administrative Tribunals Act, 1985 ('the Act') and there was no separate application for condonation of delay despite the fact that there was a delay of five years after the accrual of the cause of action as the said application was made on 13.4.1999.