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DELHI HIGH COURT
SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
Shakeel Ahmad – Appellant
Versus
Govt. of NCT of Delhi – Respondent
| Table of Content |
|---|
| 1. overview of procedural history and complaints. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. delay in filing applications and justifications. (Para 7 , 9 , 10) |
| 3. analysis of related judgment and discretion. (Para 8 , 11 , 12) |
| 4. justifying relief based on comparable treatment. (Para 13) |
| 5. final order regarding the petitioner’s case. (Para 14) |
JUDGMENT
1. The present writ petition is arising out of order dated 01.01.2003 as well as order dated 13.03.2003 passed by the Central Administrative Tribunal dismissing O.A. No.2528/2001 & and the review petition, being R.A.No.76/2003, arising out of O.A. No.2528/2001, titled as Constable Sakeel Ahmed v. Govt. of NCT of Delhi & Anr.
2. The Petitioner has filed the instant writ petition under Article 226 of the Constitution of India with the following prayers:
"(i) Issue a writ, order or direction in the nature of certiorari or any other writ, direction or order quashing the Impugned Orders dated 01.01,2003 & 13.03.2003 passed by Hon'ble Central Administrative Tribunal dismissing the O.A. No.2528 of 2001 and R.A. No.76 of 2003; and
(ii) Issue a writ, order or direction in the nature of certiorari or any other writ, direction or order qua
In cases of common inquiries, equitable relief must be granted to parties situated similarly, regardless of delays in filing applications.
The failure to file a delay condonation application renders an original application before the Tribunal non-maintainable, emphasizing strict adherence to statutory provisions.
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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