Inordinate delay in filing an application may result in dismissal even if the claim has merit, as per principles under the Central Administrative Tribunal Act.

ORDER

By means of the present Original Application, the applicant has sought the following reliefs:

“i) To issue an order, rule or direction setting aside the impugned order dated 02.11.2021 passed by the answering respondents (Annexure No. A-1 to Compilation No. II to this original application).

ii) To issue an order rule or direction directing the answering respondent/ competent authority to reconsider the matter of the applicant for appointment on compassionate ground strictly in accordance with the rules and guidelines issued by the government for this purpose as early as possible.

iii) To issue an order rule or direction, which this Hon’ble Tribunal may deem fit and proper under the facts and circumstances of the case.

iv) To award the cost of the original application may also be awarded in favour of the applicant.”

2. Brief facts of the case are that the father of the applicant was working on the post of Gramin Dak Sewak Mail Career (GDS MC) Jhuksa, Budaun and during his service period he went missing from 2005 to 2017. Thereafter, the applicant moved an application for appointment on compassionate ground. The case of the applicant was considered for appointment on compassionate grounds and it was rejected vide the impugned order dated 02.11.2021.

3. Heard Shri Pradeep Kumar Dubey, learned counsel for the applicant and Shri Rajni Kant Rai, learned counsel for the respondents, on M.A./58/2025 (Delay Condonation Application).

4. Submission of learned counsel for the applicant is that due to wrong advice the applicant filed a CMWP No. 8193 of 2024 before the Hon'ble High Court against the impugned order dated 02.11.2021 and the said writ petition was listed on 23.05.2024 and after hearing counsel for the petitioner the Hon'ble High Court dismissed the writ petition on the ground of alternative remedy to file the OA before the Hon'ble Tribunal. Before the letter dated 24.02.2021, the Assistant Director sent a letter to applicant for information for consideration of the claim of applicant under the compassionate ground by letter dated 12.01.2021, 15.01.2021 and 09.03.2021. In compliance of letter dated 29.01.2021, the applicant submitted the consent letter of family members on 01.03.2021. However, without considering the hardship of the family members, he rejected the claim of the applicant for compassionate appointment by impugned order dated 02.11.2021. Thereafter, the applicant regularly requested the answering respondent personally to reconsider his case for appointment on compassionate ground since he along with his family were living in very poor financial condition and the time whatsoever was consumed for processing his case and considering the matter by the CRC is only on the part of administration and no delay has occurred on the part of the applicant. Therefore, rejecting his case on this ground is wrong and illegal. He further states that the applicant has no legal knowledge about the law of limitation and ultimately after consulting the counsel practicing at Hon'ble High Court, Allahabad, he filed a case before the Hon'ble High Court which was dismissed on the ground of alternative remedy.

5. Learned counsel for the respondents vehemently opposed the prayer made by learned counsel for the applicant stating that there is a considerable delay of three years in filing this Original Application and the reasons cited by the applicant for the same is not cogent and sufficient, thus, the Original Application is liable to be dismissed on the ground of delay alone. He further place