N.K. JANJANI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the petitioner. The challenge in this Writ Petition is the order dated 28.3.2012 passed by the Central Administrative Tribunal, Jaipur Bench, Jaipur whereby the Original Application No. 497 of 2009 filed by the petitioner has been dismissed on the ground of limitation.

(2.) From the impugned order and other documents available on record, it appears that the petitioner initially filed Original Application No. 138 of 2005 before the Central Administrative Tribunal challenging the order dated 27.3.2003 whereby the respondents were promoted with effect from 6.12.2000. In the said OA, the counsel for the applicant sought permission to withdraw me Original Application. Learned Tribunal vide its order dated 7.9.2009 disposed of the Original Application No. 138 of 2005 with liberty to applicant to file substantive Original Application.

(3.) Learned counsel for the petitioner submitted that since a liberty was granted to the petitioner while disposing off the Original Application No. 138 of 2005 vide order dated 7-9-2009, therefore, the Original Application No. 497 of 2009 should have been treated as in time and it should not have been dismissed on the ground of limitation. He has submitted that there was no need of any application under Section 5 of Limitation Act, for condonation of delay in filing the Original Application No. 497 of 2009 as liberty was granted for filing fresh original application vide order dated 7-9-2009.