The post covers Res Judicata in CAT Tribunal Chandigarh Case wherein OA was dismissed on the ground of delay and laches, & res-judicata as well. The application was filed for upgradation of pay.
Topic- RES JUDICATA U/S 21 ATA, 1985
Judgement Digest: Dilbagh Singh vs. Union of India & Ors.
Case Briefing:
Applicant had been deprived of benefit of upgradation of pay, so, approached to Tribunal way back in 2012 by filing an O.A. which was dismissed vide order dated 03.02.2012. The order was challenged before the Jurisdictional High Court in Judicial Review where also his Writ Petition was dismissed vide order 08.08.2013, upholding the order of this Tribunal. Still aggrieved, the applicant challenged the order before the Hon’ble Supreme Court where from he met the same fate, vide order dated 13.04.2013. A Review Application filed in Writ Petition was also dismissed vide order dated 05.10.2013.
Also Read- No illegality found in the order of Central Administrative Tribunal
On having a cue from the order dated 08.08.2013 of the High Court wherein it was mentioned that the petitioner had not challenged the recommendations of the 5th CPC before the Tribunal, in the year 2010, he has filed the present O.A. in the year 2020, impugning the action of the respondents after such an inordinate delay, that too, without there being an application of condonation of delay. Moreover, applicant has since retired from service on 31.07.2006. Applicant, however, fails to satisfy this Court as to how this OA is maintainable on the grounds mentioned in the O.A., at this belated stage, as well as, on res judicata.
Also Read- Rajinder Singh Kalsi Vs. Central Administrative Tribunal
Judgement of the case:
Under, Section 21(3) of the Administrative Tribunals Act, 1985, a window is provided to the litigants to file an application for condonation of delay, explaining the justifiable reasons in support thereof, but the applicant herein has not even cared to file the one. This Court has disposed number of OAs holding that inordinate delay without any justifiable reason in filing an O.A. cannot be condoned, in view of the law laid down by the Hon‟ble Supreme Court in the case of C. Jacob Vs. Director Geology and Mining, 2009 (10) SCC 115. Recently, in the case of Prahlad Raut Vs. AIIMS, 2020(1) SLR 431 Lordships have again thread barely considered law on Section 21 of the Administrative Tribunals Act and have held that “Law of Limitation is founded on public policy and the object of limitation is to put a quietus on stale and dead disputes, a person ought not to be allowed to agitate his claim after a long delay”. The present one is also the case where the applicant could not justify the huge delay in filing the O.A., therefore, the O.A. is dismissed on the ground of delay and laches, and res-judicata as well.
Also Read- G.C. Kaushal, Ips vs Presiding Officer Cat
For case specific advice, please contact Chandigarh Administrative Tribunal/Service Matter/Labour and Service/CAT/Legal Aid/Administrative/Senior/Service Employment Lawyers Advocates in Chandigarh Panchkula Mohali Kharar Derabassi Zirakpur etc.
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