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2024 Supreme(Del) 724

REKHA PALLI, TUSHAR RAO GEDELA
Rahul Sharma – Appellant
Versus
Delhi Metro Rail Corporation – Respondent


Advocates appeared:
Ms. Jasvinder Kaur, Advocate, for the Petitioner.
Mr. V.S.R. Krishna, Advocate, for the Respondent-1.

JUDGMENT

Rekha Palli, J. (Oral)

CM APPL. 18992/2024 -Ex

1. Exemption allowed, subject to all just exceptions.

2. The application stands disposed of.

W.P.(C) 4624/2024

3. The present writ petition under Articles 226 and 227 of the Constitution of India seeks to assail the order dated 31.01.2024 passed by the learned Central Administrative (the Tribunal) in M.A. No. 3265/2023 in O.A. No. 2808/2023.

4. Vide the impugned order, the learned Tribunal has dismissed the petitioner's application seeking condonation of delay of 2230 days in filing the O.A. and has consequently dismissed the OA being barred by time. While declining to condone the delay, the learned Tribunal noted the fact that the petitioner was well aware of his seniority position in 2013 itself. Furthermore, a seniority list of Assistant Managers on which post the petitioner was then working, was duly circulated in the year 2015; it is based on this seniority list that the petitioner was promoted as Manager in 2018, but he still chose to approach the Tribunal only in 2023. The learned Tribunal, therefore, held that there was no ground to condone this inordinate delay and unsettle the settled seniority position qua other employees

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