CENTRAL ADMINISTRATIVE TRIBUNAL GUWAHATI BENCH Misc. Application No.040/00110/2025 &

Review Application No. 040/00003/2025 In Original Application No.040/00226/2024 Date of Order: This, the 16^th Day of June, 2025 HON’BLE MR. RAJNISH KUMAR RAI, MEMBER (J)

HON’BLE MR. M. L. SRIVASTAVA, MEMBER (J)

Shri Divyesh Rameshbhai Vaghela, Aged about- 27 years, R/O Hanumanpara Prabhatpur, P.O. Bagadu & P.S. Bilkha Junagadh, Gujrat, 362263.

Phone: 9924568413 Email: vagheladivyesh08@gmail.com.

… Review Applicant - VERSUS -

1. The Union of India Represented by the Commissioner & Secretary Govt. of India, Ministry of Agriculture, New Delhi-110001.

2. The Registrar, Manipur, Pin-795001.

3. Vice-Chancellor, Central Agricultural University, Lamphelpat, Near ICAR Complex, Manipur- 795001 4. The Standing Selection Committee, Central Agricultural University, Lamphelpat, Near ICAR Complex, Manipur-795001.

5. The Dean, College of Agricultural Engineering and Post Harvest Technology, Ranipool, East Sikkim- 737135 (Sikkim).

6. Dr, Sunil Lalji Naranware, aged about - 41 years, S/o lalji Naranware, resident of Pilapur, Katol, Nagpur, District Maharashtra-442202.

… Opposite party-Respondents O R D E R (IN CIRCULATION)

M K SRIVASTAVA, MEMBER (A):

By MA. No.040/00110/2025 the review applicant prays for condonation of delay of 143 days in filing the RA No.040/00003/2025 whereby he has sought recall/review the order dated 03.10.2024 passed in OA.

No.040/00226/2024.

2. We have gone through the MA seeking condonation of delay. The one and only ground set forth in the MA seeking condonation is that as the review applicant was suffering from certain medical conditions during the months of October/November/December

2024 albeit giving any specific details.

3. Rule 17 of the CAT (Procedure) Rules, 1987 is very specific on the subject. The same is quoted as under:-

“17. Application for review. - (1) No application for review shall be entertained unless it is filed within thirty days from the date of receipt of copy of the order sought to be reviewed.”

4. The Hon’ble Supreme Court in the case of K Ajit Babu vs UOI (1997) 6 SCC 473 while considering the power of Tribunal to exercise review under Rule 17 of the CAT (Procedure) Rules, held that the right of review is available if such an application is filed within the period of limitation

5. This Tribunal had occasion to consider similar issue in MA.040/00140/19 & RA.040/00009/2019 (In OA.040/00063/2017). MA was filed praying for condonation of delay in filing the RA.9/2019 seeking for review of order passed in OA.63/2017. After considering the rival submissions in the court, vide order dated

08.06.2020, this Tribunal held as under:-

“10. From the above cited cases, it is apparent that two Full Benches of different High Courts have taken contrasting views on the subject. While the Calcutta High Court held that Tribunal has jurisdiction to condone the delay despite Rule 17 of the CAT (Procedure) Rules. On the other hand, Hon’ble High Court of Andhra Pradesh held that in the absence of any provisions prescribed for condoning the delay either in the Act or in the Rules, the Tribunal will not have jurisdiction to condone the delay BARMAN taking aid and assistance of Section 5 of the Limitation Act on the premised that Limitation Act is made applicable in view of Section 29(2) of the Limitation Act. Admittedly, CAT (Procedure) Rules do not provide for any provision for condonation of delay in filing of RA. Neither side has been able to produce any authority of our High Court on the subject. Besides, the decision of the Full Bench of Hon’ble Andhra Pradesh High Court is of subsequent date that the Hon’ble Calcutta High Court. Besides, the Hon’ble Supreme Court in the case of K Ajit Babu vs UOI (1997) 6 SCC 473 while considering the power of Tribunal to exercise review under Rule 17 of the CAT (Procedure) Rules, held that the right of review is available if such an application is filed within the period of limitation. The aforesaid decision of the