Your Opinion
Querist :
Anonymous
(Querist) 06 March 2011
This query is : Resolved
The Respondent has filed the writ petition against the CAT order and the Judgment/Order was given by the High Court as
"1. We note at the outset that in the reply filed to O.A.No. , vide
preliminary objections No.IV, a specific plea has been urged that
O.A.No. is barred by limitation. It was explained that the issue
raised in the application relates to a wait list panel pertaining to the year
2001 and at best extended till the year 2002. The Original Application filed in
the year 2009 was barred by limitation.
2. In response to the said preliminary objections, the applicant stated
that since his representations were replied to only in the year 2008, the
petition filed by him was within limitation.
3. Learned counsel for the petitioner and the respondent who appears in
person concede that the Tribunal has not dealt with the issue of the claim being
barred by limitation.
4. Thus, we dispose of the petition setting aside the impugned order dated
24.02.2010 and we restore O.A.No. with a direction to the Tribunal that
the issue of limitation should be decided by the Tribunal.
5. We make it clear that if the Tribunal decides on the plea of limitation
against the petitioner, issue on merits need not be decided by the Tribunal for
the reason the same has been decided by the Tribunal vide impugned order dated
24.02.2010. But in said eventuality while challenging the said order passed by
the Tribunal, the petitioner would be entitled to challenge the impugned order
dated 24.02.2010 as well.
6. Parties shall appear before the Registrar of the Tribunal on 01.11.2010
when the Registrar shall formally list the matter before appropriate bench for
re-consideration of O.A
7. No costs.
8. Dasti."
The CAT bench has disposed off as TIME BARRED
Kindly inform whether I-Applicant can enforce order as it has not been dismissed on its merits?
Guest
(Expert) 07 March 2011
The question is not clear on the following points:
1)Whether you are the petitioner or respondent?
2) What happened when the parties appeared before the registrar of the Tribunal? and
3)On whom you want to enforce the order?
Querist :
Anonymous
(Querist) 07 March 2011
1I was the petitioner before the CAT but Respondent before the High Court
2The matter has been posted to the CAT Bench where it was disposed off as Time barred but the order has not been dismissed on its merits which has already been allowed vide order dated 24.02.2010
I want to enforce the order on respondent for denial of my case for regular appointment
