A stale or time-barred dispute cannot be revived by filing a representation; a Tribunal must reject such claims under Section 21 of the Administrative Tribunals Act, 1985 as the pendency of an appeal or representation does not extend the statutory limitation period for 'dead' issues.

O R D E R

By Hon’ble Ms. Mallika Arya, Member (A)

The applicant was promoted from the post of Senior Account Officer IP&T AFS Gr. ‘B’ on regular basis to JTS of Indian P&T AFS, Gr. ‘A’ JTS vide order dated 29.04.2015 (Annexure A-1). His promotion as Accounts Officer on regular basis was unnecessarily delayed for a period of 04 years as the DPC which had to take place in 2003 took place in 2007. This was done overlooking the guidelines as per Annexure A-3. Vide the same order No. 14-04/2014-SEA-I dated 29.04.2015 the applicant has been promoted under Senior Time Scale in Indian P&T Accounts and Finance Service Gr. ‘A’ in the PB-3 (Rs. 15600-39100) + Rs. 6600/- grade pay on regular basis with immediate effect. The applicant submitted an appeal to Respondent No. 1 under Rule 23 of CCS (CCA) Rules, 1965 vide letter dated 16.05.2015 (Annexure A-2) against the above order and the appeal has still not been disposed. The applicant in this OA has challenged the promotion order issued vide letter No. 14-14/2014-SEA-I dated 29.04.2015 (Annexure A-1) and has prayed that his representation dated 15.05.2015 (Annexure A-2) be decided by the respondents on merits. There is a prayer for grant of Exemplary damages to be awarded as deemed fit by this Tribunal.

The respondents have filed their reply wherein they have submitted that that the applicant was working as Junior Account Officer in MP Telecom Circle under Department of Telecommunication before formation of BSNL. The applicant was working as JAO in Madhya Pradesh Telecom Circle under Department of Telecommunication before formation of BSNL. After formation of BSNL in 2000, the applicant along with other officers working in the respective Telecom Circles were placed on deemed deputation to BSNL. The applicant, while continuing on deemed deputation, was promoted to the grade of Assistant Accounts Officer w.e.f. 01.04.2001. The DPC for promotion to the grade of Accounts Officer was conducted on 01.01.2002. Since the applicant was not eligible for promotion against the crucial date i.e. 01.01.2002, he was not considered for promotion at the material time. The process of permanent absorption of Group ‘B’ officers in BSNL/MTNL was initiated by calling for options in September 2003. The officer did not exercise any option for permanent absorption in BSNL/MTNL. He was transferred and posted to O/o CCA, Bhopal, where he joined on 05.05.2005. As there were a number of Court cases regarding permanent absorption of DOT employees into BSNL and the process got completed in 2006 after finalization of all the Court cases, the provisional seniority list of all the officers in the Grade of AAO/JAO was issued on 02.02.2007. The final seniority list in the same grade was issued on 22.03.2007. Thereafter action was initiated for promoting the officers to the AO grade against vacancy year as on 01.01.2007. The DPC process was completed and promotion orders were issued in r/o eligible officers including the applicant to the grade of AO vide Office order dated 01.10.2007. Thereafter the applicant was considered for promotion to Junior Time Scale (JTS) of IP&T AFS Gr. ‘A’ for the vacancy year 2014-15 and got promoted to JTS vide order No. 14-04/2014-SEA I dated 29.04.2015. Hence, there is no delay on the part of the respondents. The applicant has made a representation dated 15.05.2015 after a gap of more than 9 years. The relevant records including Annexure A-2 are not traceable in the office since it appears that the particular file alongwith representation / appeal has been weeded out. The respondents have also submitted that the OA is time bar as the applicant is referring to an incident which occurred 20 years earlier in this OA. The applicant retired from service on 31.07.2016 i.e. more than 8 years ago. Since there is delay of more than 20 years, therefore no relief can be granted to him in light of Section 21 of the Administrative Tribunals Act 1985. It is also relevant to mention that the applicant