RAJENDRA KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD finally with the consent of learned counsel for the parties.

(2.) THIS writ petition is directed against the impugned order dated 18.02.2009 passed by the Central Administrative Tribunal, Jodhpur Bench, Jodhpur(hereinafter referred to as 'the Tribunal), whereby Original Application No.128/2005,filed by petitioner, has been dismissed.

(3.) SUBMISSION of the learned counsel for petitioner is that petitioner was duly selected and appointment order was also issued in favour of petitioner, but the same was not served upon him, therefore, he could not join the post. He submitted that petitioner was not at fault in joining the post, therefore, it was a duty of the respondents to allow him to join the post, when he made a request to the respondents in the year 1998. So far as rejection of request of petitioner in the year 1998 by the respondents is concerned, learned counsel for petitioner submitted that petitioner again made a representation and an enquiry was made by the respondents, which is clear from the correspondence placed on record, therefore, he approached the Court in time, his representation was rejected in 2004, he filed Original Application, immediately in the year 2005, therefore, the Tribunal committed an illegality in rejecting his Original Application on the ground of delay.