Whether section 17 of Limitation Act will be applied or it may be dismissed on the ground of Limitat
Guest
(Querist) 14 July 2011
This query is : Resolved
Facts of case(Which are relevant to previous query in similar situated condition)
An employee working xxx institute on contractual basis has participated in the selection process in year 2002 against 2 posts he was placed in waiting list as Number-2. (THE RESULT WAS NOT DECLARED/NOTIFIED) Subsequently one post was created and the waiting List No-1 was given appointment against the post. The selected candidate No-1 has left for Australia by resigning from post with in 6 months from date of joining and by rules he should be given appointment but was not considered and denied ( maybe he has no nexus with the administration for favor). Moreover he was not aware about the status of the result
Subsequently one post has been filled by backdoor in year 2006, The employee now filed the RTI in year 2007 and shocked to learn that he was denied appointment despite of being placed in the panel which was vogue in year 2002 when the vacancy was created.
On the basis of information collected, he made his representation which was dismissed in year 2008.Then he approached to CAT which was allowed in year 2010 by directing the employer to regularize his services from the date of accrual of vacancy when the selected candidate No-1 was resined
The employer refused to comply the order and the contempt petition was filed against him. The employer moves to the High Court on the grounds of Limitation which was remanded back to CAT
The employee contention before the CAT that since result was not declared so there was no mean to know about the status of result. The CAT ordered and issued direction whether the result was notified or declared for deciding the PLEA OF Limitation raised by the employer
The Hon’ble judge retired and new hon’ble bench constituted and made an order that though result was not declared it would not solve the riddle of Limitation for not filing the RTI in year 2002 and dismissed the Application
The employee filed the Review Petition before the bench with the ground that RTI Act was not operation in year 2002 but it again will not impress the bench
Whether such employee can make an appeal u/s 17 of Limitation Act which clearly states that fraud nullifies everything and the period of Limitation shall not be reckoned till discovery of fraud
Kindly advise
