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2024 Supreme(Online)(KER) 10179

HIGH COURT OF KERALA
A. Muhamed Mustaque, Shoba Annamma Eapen, JJ
PRATHAP SINGH – Appellant
Versus
THE UNION OF INDIA – Respondent


JUDGMENT

A.MUHAMED MUSTAQU E,J:

This original petition was filed by the applicant before the Central Administrative Tribunal, Ernakulam. The petitioner joined the Military Engineering Service as Lift Attendant on 30.3.1988. The petitioner is still in service. He was granted the first ACP and second MACP on 1.9.2008 and third MACP in the grade pay of Rs.2800/-. According to him, he was granted the pay as an unskilled labourer. Actually, he is a skilled labourer. Therefore, he claims, he should be granted financial up-gradation at par with the skilled labourer. He placed reliance on the judgment of the Central Administrative Tribunal, Bangalore Bench dated 17.9.2018.

2. It appears that he made a representation only on 13.1.2023, after the long lapse of upgradation of his pay. The Tribunal, noting that long delay involved in the matter cannot be condoned, dismissed the application at the threshold without going into the merits of the case. Challenging this, the petitioner has approached this Court.

3. Heard the learned counsel for the petitioner and the learned Central Government Counsel.

4. Learned Central Government Counsel submits that the petitioner woke up from the slumber after more

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