- (1.) IN this writ petition filed under Article 226 & 227 of the Constitution of India, petitioner is challenging the validity of judgment dated 22nd November 2007 passed in Original Application No. 300/07 by the Central Administrative Tribunal, Jodhpur Bench, Jodhpur by which the learned Tribunal dismissed the OA at admission stage.
(2.) AS per facts narrated in this case, petitioner was given temporary charge of EDMC in the Post Office situated in village Semal, Tehsil Nathdwara, District Rajsamand on 06.06.2001 and petitioner continued to discharge his duties and subsequently an order dated 6th January 2003 was passed by which the persons who had been engaged without approval of the competent authority were ordered to be terminated with immediate effect. The petitioner applicant approached the High Court by filing S.B. Civil Writ Petition No. 357/03 wherein he challenged the order dated 06.01.2003 but for want of jurisdiction the said writ petition was dismissed as withdrawn with liberty to file an Original Application before the Central Administrative Tribunal within a period of 10 days and the said order was passed by the High Court in the abovesaid writ petition on 19th September 2003. The petitioner -applicant did not file any original application challenging the validity of order dated 6th January 2003 and later on, on 7th January 2005, petitioner preferred Original Application with an Application for condonation of delay. Said OA was registered as Original Application No.16/05 with Misc. Application No. 03/05. The learned Tribunal dismissed the said OA vide order dated 15th September 2006 holding that OA has not been filed within limitation and as per judgment of Hon'ble Apex Court in Ramesh Chandra Sharma v. Udham Singh Kamal and Ors., 2000 1 ATJ 178 SC until the hurdle of limitation is crossed, the Tribunal has no power to adjudicate upon the merits of any case, meaning thereby the petitioners earlier Original Application was dismissed by the Tribunal by order dated 15th September 2006.
(3.) ANOTHER OA was filed by the petitioner in which again it was mentioned that he was appointed by way of giving temporary charge on the post of GDSMC on 6th January 2001 and even after dismissal of earlier OA on 15th September 2006, neither any adverse order was passed nor the order dated 6th January 2003 was given effect by the respondents and the applicant -petitioner was allowed to work and a certificate of appreciation was also issued in his favour by respondent No. 2 on 29th December 2006 but on 16th November 2007 respondent No. 3 came to GDSPO of the village Semal where applicant was working and told the applicant that his services shall stand terminated with immediate effect and on asking about such order it was told that no order is required to be passed. The petitioner applicant in subsequent OA sought following reliefs: 8. RELIEF(S) SOUGHT BY THE APPLICANT: In view of the facts and grounds mentioned in Para 4 & Para 5 of the original application, the applicant, most humbly and respectfully pray for the following relief: A] By an appropriate writ, order or direction the action of the respondents may kindly be declared illegal and the respondents may kindly be directed to allow the applicant to perform his duty in the post office of GDSMC, Khemnor. B] By an appropriate writ, order or direction, the action of the respondents and the order passed by them in violation of principles of natural justice and GDS Rules, 2001 may kindly be quashed and set aside. C] Any other appropriate order or relief which this Hon'ble Tribunal may deem just and proper in the facts and circumstances of this case may also kindly be passed in favour of the humble appellant.;