High CourtsDivision Bench

Krishna Chandra Yadav vs Union Of India And Ors

Chhattisgarh High Court · Decided on 12 July 2018 · Citation: (2018) 07 CHH CK 0190

HON’BLE JUDGES
Ajay Kumar Tripathi, CJ · Pritinker Diwaker, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (S) No. 5826 Of 2017
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Judgment

18 paragraphs · 297 words

Ajay Kumar Tripathi, CJ

1.

Heard the learned counsel for the Petitioner and the learned counsel for the Respondents.

2.

The writ application has been filed against the order dated 25.08.2017 passed by the Central Administrative Tribunal, Jabalpur Bench, Circuit

Sitting, Bilaspur (for short, 'the Tribunal') in Original Application No. 203/00572/2017. The said OA has been dismissed by the Tribunal primarily on

the ground that the nature of relief which has been prayed for relates to the year 2002 and since the cause of action arose a decade ago, the relief

cannot be granted as they stand time barred. The Petitioner had prayed for the following reliefs:

(i) Direct the respondent authorities to revise the date of promotion of the applicant to the rank of Conservator of Forest from 20.05.2002, the date on

which his junior late Mr. T.Gunashekhran was promoted with all consequential pecuniary benefits.

(ii) Direct the respondent authorities to revise the date of promotion to the rank of Chief Conservator of Forests from 15th January, 2007 to 31st

October, 2005 the date when Shri K.M.Johri, CCF retired and there was a clear cut vacancy in the cadre with all the consequential pecuniary

benefits.

(iii) Any other order/orders, which this Hon'ble Court deems fit and proper may also be passed.

(iv) Award cost of the litigation in favour of the applicant.

3.

Looking to the nature of the relief and keeping in mind that such relief was sought by filing an Original Application only in the year 2017, the

Tribunal has not taken any erroneous view of the matter.

4.

The writ application is dismissed for yet another reason that the settled position cannot be allowed to be unsettled at the convenience of a litigant

after so many years.

5.

The writ application is dismissed.