RAM BILASH Vs. DIVISIONAL RAIL MANAGER

JUDGEMENT

(1.) The petitioner questioning the validity of the order of the Central Administrative Tribunal, Allahabad Bench, Allahabad dated 23 May 2016 rejecting the petition filed by him under Sec. 19 of the Administrative Tribunals Act, 19851 on the ground of limitation and laches, has approached this Court by means of instant petition.

(2.) The background facts in brief are that the father of the petitioner, a track man at Kannauj Station, North Eastern Railway, died on 3 July 2003 while in harness. Indradev, elder brother of the petitioner filed an application on 23 Jan. 2005 seeking compassionate appointment. His request for compassionate appointment was rejecte by the respondents by order dated 7 July 2010 on the ground that he had filed forged educational testimonials in support of his claim. The petitioner, thereafter, filed an application on 4 Jan. 2011 seeking compassionate appointment for himself. The case of the petitioner is that it was followed by reminders dated 2 July 2011, 6 Feb. 2012, 9 Nov. 2012, 15 April 2013, 17 Feb. 2013, 8 May 2014, 14 Dec. 2014, 15 Feb. 2015 and 5 Sept. 2015. Ultimately, the petitioner approached the Tribunal, which, however, rejecte the petition by the order impugned.

(3.) Counsel for the petitioner submitted that the view taken by the Tribunal in rejecting the application on the ground of limitation and laches is highly technical. It is urged that the petition should have been decided on merits. In support of his contention, he has placed reliance on various decisions, which will be referred to hereinafter.