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A. S. CHANDURKAR, JITENDRA JAIN
Subramaniyan Kanakkan – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
Jitendra Jain, J.
1. Rule. Rule made returnable forthwith. Heard finally by consent of the parties.
2. This petition under Article 226 and 227 of the Constitution of India has been filed challenging the order passed by the Maharashtra Administrative Tribunal, Mumbai (for short “Tribunal”) in Miscellaneous Application No.381 of 2022 in Original Application (O.A.) No.623 of 2022, whereby the Tribunal has refused to condone the delay in filing O.A. on the ground that no sufficient cause is shown for condoning the delay.
3. In the year 1975, the Petitioner was appointed as a Daily Farm Assistant at Aarey Milk Colony, Mumbai. By virtue of promotion in the year 1987, an order was issued whereby the services of the Petitioner were treated as permanent service for the post of “Field Supervisor”, which post he held since 1985.
4. On completion of 12 years of service as Field Supervisor, the Petitioner made an representations on 17th October 1997, 17 December 2004, 16th September 2007 and 16th April 2010 seeking benefits of Time Bound Promotion.
5. On 30th June 2010, the Petitioner retired from Government Service. Thereafter, on 27th December 2012 and 12th October 2015, further represen
A significant delay in filing an application must be justified with sufficient cause; mere oral assurances do not constitute adequate grounds for condonation.
The court affirmed that personal circumstances cannot justify excessive delays beyond statutory limitation under the Administrative Tribunals Act.
Delay in filing for compassionate allowance cannot be condoned without substantial justification; allowances are not seen as continuous causes of action.
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