Delay in pursuing legal remedies must be satisfactorily explained; otherwise, applications may be dismissed as time-barred.

O R D E R

Heard Shri Shubhasis Halder, learned counsel for the applicant and Shri Anil Kumar, learned counsel for the respondents and perused the records.

2. Instant M.A. No.4554/2025 has been filed by the applicant for condoning the delay in filing the original application registered as Diary No.5136/2025.

3. Shri Shubhasis Halder, learned counsel for the applicant submitted that the applicant has approached this Tribunal for quashing order dated 17.02.2022 issued by office of the Divisional Railway Manager (Personnel), Jhansi, by which, the claim of the applicant regarding fixation of his basic pay of Rs.3800/- as on 01.12.2002 has been rejected. The applicant also prayed for a direction upon the respondents to fix the basic pay Rs.3800/- of applicant as on 01.12.2002 and re-consider the pension of the applicant with all consequential benefits and giving the entire amount of arrear as per order of Hon’ble PUNIT KUMAR MISHRA Delhi High Court as well as order of Railway Board.

4. Learned counsel for the applicant submits that the applicant was initially appointed as Khalasi at Zonal Training School (ZTS), Bhusaval on 26.02.1988. The applicant was promoted as First Class Coach Attendant in pay scale of Rs.775-1025 on 28.12.1993. Thereafter, he was promoted/selected to the post of Ticket Collector in the scale of 3050-4590/- w.e.f. 08.11.2002 and further got promotions in the Ticket Checking Cadre in the pay scale of Rs.4000-6000, Rs.5000-8000/- and finally superannuated in the year, 2021 in Level 6 under VII Pay Commission.

5. Learned counsel for the applicant submits that in compliance of the order passed by the Delhi High Court in Writ Petition No.566/2000, the Railway Board issued a letter dated 24.02.2012, by which the post of First Class Coach Attendant was upgraded to the scale of Rs.950-1500 and was made effective from 1960 along with all consequential benefits. In view of the above letter, the pay fixation of the applicant was done by the Railway Department, but the benefit of Rs.100/- has not been granted to the applicant after promotion w.e.f. 08.11.2002 and as such, the respondents violated the Railway Board Letter dated 27.09.1999 as well as 26.10.1999 and 24.02.2012. The applicant also represented before the respondents on 26.03.2014 and 08.01.2021, but no heed was paid. Subsequently, the applicant received letter dated 17.02.2022, by which, the applicant was informed that after re-examining the service book, it is clarified that the employee was promoted from First Class Coach Attendant to Ticket Examiner dated 08.11.2002, the pre fixed pay under Rule FR (22) (1) (2) by amending the pay of Rs.3650/- to 3725/- (with notional increment) while determining the salary again payment of arrear of Rs.4406/- for the prescribed period was also made. Thereafter, the applicant sent letter to the respondents, pointing discrepancies, but no PUNIT KUMAR MISHRA heed was paid.

6. Subsequently, the applicant approached this Tribunal on 23.02.2024 by way of Diary No.1303/2024, which was dismissed as withdrawn vide order dated 28.05.2025 with a liberty to file fresh Original Application. The cause of action for filing present Original Application is recurring in nature

7. Under such circumstances, learned counsel prayed that delay, if any, in filing the present original application registered as Diary No.5136/2025 may be condoned.

8. Per contra, Shri Anil Kumar, learned counsel for the respondents submitted that the applicant is completely failed to explain the delay and after 22 years, he suddenly woke up and filed the present Original Application, which is registered as Diary No.5136/2025 along with delay condonation application for fixation of his pay w.e.f. 01.12.2002. He further submitted that it is well settled that any person, who is sitting over his right and grievances for a long span of time cannot liable to be got any relief from