VISHNUPANTH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner being aggrieved by the order dtd. 28/4/2015 passed by the Maharashtra Administrative Tribunal, Nagpur (hereinafter referred to as the 'Tribunal') in Original Application No. 473/2005, whereby the application filed by the petitioner for grant of deemed date of promotion from the date of passing of the professional examination i.e. 18/3/1986 was dismissed, has preferred this petition.

(2.) Succinctly, the facts of the case are as under:

(3.) Shri S.C. Deshmukh, learned Advocate for the petitioner vehemently argued that the Tribunal has erred in holding that the application is barred by limitation when admittedly the respondents have not raised the ground in respect of the limitation in their reply. Non-raising the objection of limitation itself shows that the respondents have waived the same. However, without considering the said fact and the fact that the claim raised by the petitioner is a continuous cause of action, therefore, the finding given by the Tribunal that the application is hopelessly barred by limitation is illegal and liable to be set aside.