Court No. - 29
Case :- WRIT - A No. - 13427 of 2019 Petitioner :- Ram Kumar Pathak And 16 Others Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Pradeep Kumar Mishra,Rajesh Kumar Counsel for Respondent :- A.S.G.I.
Hon'ble Pankaj Mithal,J. Hon'ble Saral Srivastava,J.
Heard Sri Pradeep Kumar Mishra, learned counsel for the petitioners and Sri Sunil Kumar Singh, learned counsel for the respondent No.1.
The petitioners have preferred this writ petition challenging the judgement and order dated 12.03.2019 passed by the Central Administrative Tribunal whereby the original application of the petitioners has been dismissed as barred by limitation after refusing to condone the delay in its filing.
The petitioners by means of the original application challenged the order dated 29.07.2011 passed by the General Manager/ Assistant General Manager, Ordinance Clothing Factory, District Shahjanpur.
The aforesaid original application was filed in the year 2013 and an application to condone the delay in its filing was moved in the year 2017.
In the delay condonation application, the petitioners have very clearly stated that as the order impugned in the original application was passed on 29.07.2011 the cause of action for filing the original application had arisen on the said date. The original application is beyond time by one year and five months.
However, from the perusal of the entire affidavit filed in support of the condonation application, we do not find that any plausible reason for not filing the original application within time has been given except for stating that the petitioners could not file the original application within time due to unavoidable family circumstances. The unavoidable family circumstances have not been stated.
Moreover, the Original Application was filed on behalf of 23 persons and it is not the case of the petitioners that all the 23 persons were incapable of filing the original application within time due to unavoidable circumstances.
In view of the aforesaid facts and circumstances, in the absence of any reason to explain the delay in filing the original application, we do not consider it to be a fit case for intervention in exercise of writ jurisdiction more particularly when the Tribunal itself has refused to condone the delay in filing the original application.
The Writ Petition as such lacks merits and is dismissed.
Order Date :- 26.8.2019 piyush