Case Note & Summary
The Petitioner, Dilip Rangnath Nalwad, was appointed as a Technical Assistant in the Water Resources Department of the State of Maharashtra on 18 March 1983. On 16 January 2015, he was promoted to the post of Junior Engineer. Dissatisfied with the promotion, he made representations from 7 August 2015 to 2 November 2018 seeking promotion with effect from 1 February 1992. On 18 December 2018, he filed Original Application No.27 of 2019 before the Maharashtra Administrative Tribunal. On 28 November 2019, the Tribunal permitted him to withdraw the OA with liberty to file a fresh application. Pursuant to that liberty, he filed OA No.761 of 2020 on 15 December 2020. The Tribunal dismissed the OA on the ground of limitation, holding that it was barred under Section 21 of the Administrative Tribunals Act, 1985. The Petitioner challenged this order by way of a writ petition under Article 226 of the Constitution of India. The High Court examined the facts and the law. The Court noted that the cause of action for the Petitioner's claim arose on 16 January 2015 when he was promoted, as he was aggrieved by not being promoted from an earlier date. The representations made thereafter did not extend the limitation period. The OA filed in 2020 was beyond one year from the date of promotion. The Court held that the Tribunal correctly dismissed the OA as barred by limitation. The petition was dismissed.
Headnote
A) Administrative Law - Limitation - Section 21 of Administrative Tribunals Act, 1985 - Original Application before Tribunal - The Petitioner sought promotion from 1992 but was promoted in 2015. Representations from 2015 to 2018 did not extend limitation. The OA filed in 2020 was beyond one year from the cause of action, which arose in 2015. The Tribunal correctly dismissed the OA as barred by limitation. (Paras 1-10) B) Service Law - Promotion - Limitation - Continuing cause of action - The Petitioner's claim for promotion from 1992 was not a continuing cause of action. The refusal to grant promotion from 1992 crystallized in 2015 when the Petitioner was promoted. Subsequent representations do not revive the cause of action. (Paras 5-10)
Issue of Consideration
Whether the Original Application filed by the Petitioner before the Maharashtra Administrative Tribunal was barred by limitation under Section 21 of the Administrative Tribunals Act, 1985.
Final Decision
The High Court dismissed the writ petition, upholding the order of the Maharashtra Administrative Tribunal dated 11 March 2022 dismissing OA No.761 of 2020 as barred by limitation.
Law Points
- Limitation for filing Original Application before Maharashtra Administrative Tribunal
- Section 21 of Administrative Tribunals Act
- 1985
- Continuing cause of action
- Representation not extending limitation
