UNION OF INDIA Vs. C.MEENAKSHISUNDARAM

JUDGEMENT

(1.) W.M.P.No.34187 of 2019 is filed to condone the delay of 2404 days in re-presenting the W.P.SR.No.119780 of 2012, which was returned for certain compliance. It is relevant to extract paragraph-3 of the affidavit filed in support of the writ miscellaneous petition stating as follows:-

(2.) Learned counsel for the petitioners would submit that on account of the reasons stated in paragraph-3 of the affidavit filed in support of the writ miscellaneous petition, the delay cannot be construed as neither wilful nor wanton and prays for condonation of the delay and she would further state that the writ petitioners/official respondents in the Original Application are having a bright chance of success in the event of the writ petition being disposed of on merits.

(3.) This Court has carefully considered the submissions made by the learned counsel for the petitioners and also perused the materials placed before it. The first respondent had filed O.A.No.1011 of 2010 on the file of the second respondent-Tribunal, praying for advancement of the date of his proforma promotion from 14.2.96 to 26.2.94-the date when his immediate junior Thiru P.Ravindranathan got promotion to the higher post. The second respondent- Tribunal vide order dated 6.1.2011, after recording reasons, had found that the first respondent/original applicant has made out a case and he is entitled to have the proforma promotion dating back to 26.2.94 when his junior was promoted and further observed that he was also entitled to the notional fixation of pay in the pay scale of Rs.7500-12000 from that date, till the date of his superannuation. Subsequently, a review application was filed, for the reason that some corrections have to be carried out, while recording certain factual aspects, pertaining to the date. The present writ miscellaneous petition, praying for condonation of delay in re-presenting the writ petition challenging the order dated 6.1.2011 in O.A.No.1011 of 2010 and the order dated 19.8.2011 in R.A.No.8 of 2011 in O.A.No.1011 of 2010, was filed on 29.11.2019.