THE CHIEF EXECUTIVE OFFICER & OTHERS versus S. LALITHA & OTHERS

THE CHIEF EXECUTIVE OFFICER & OTHERS versus S. LALITHA & OTHERS

The O.A. was time-barred: the respondent's 2016 representation was not pleaded as founded on any statutory provision in the service rules and therefore treated as a non-statutory/belated representation which could not defer the date of accrual of cause of action; limitation under ss.20-21 must be reckoned from the date rights were affected and, absent a statutory representation mechanism, an applicant must apply to the CAT within a reasonable time; the Tribunal and High Court erred in not examining maintainability though, as a matter of equitable exercise of Article 142 and having regard to Articles 15(3) and 41, the Court refrained from ordering repayment of amounts received by the...

Parties
Appellants: The Chief Executive Officer & Others; Respondents: S. Lalitha & Others
Jurisdiction
India
Judgment Date
24 April 2025
Procedural Posture
Civil Appeal / Disposed by Supreme Court (appeal From High Court Judgment)
Outcome
Appeal disposed of without interfering with the impugned order
Legal Topics
Limitation, Time Barred Application, Period of Limitation, Belated Representation, Modified Assured Career Progression Scheme (macp), Assured Career Progression Scheme (acp), Central Administrative Tribunal, Extraordinary Constitutional Powers (art.142), Unexplained Delay or Laches
Administrative Law Service Law Constitutional Law Limitation Time Barred Application Period of Limitation Belated Representation Modified Assured Career Progression Scheme (macp) +4 more

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Parties

The Chief Executive Officer & Others

Appellants

S. Lalitha & Others

Respondents

Procedural Posture

Civil Appeal / Disposed by Supreme Court (appeal From High Court Judgment)

Legal Issues

  1. 1 Whether the original application before the CAT was maintainable given alleged time-bar and belated/non-statutory representation
  2. 2 Whether rejection of a belated/non-statutory representation can postpone accrual of cause of action for purposes of Sections 20 and 21 of the Administrative Tribunals Act, 1985
  3. 3 Extent of CAT's power to entertain OA where service rules do not provide statutory representation

Ratio Decidendi

The O.A. was time-barred: the respondent's 2016 representation was not pleaded as founded on any statutory provision in the service rules and therefore treated as a non-statutory/belated representation which could not defer the date of accrual of cause of action; limitation under ss.20-21 must be reckoned from the date rights were affected and, absent a statutory representation mechanism, an applicant must apply to the CAT within a reasonable time; the Tribunal and High Court erred in not examining maintainability though, as a matter of equitable exercise of Article 142 and having regard to Articles 15(3) and 41, the Court refrained from ordering repayment of amounts received by the...

Court Disposition

Appeal disposed of without interfering with the impugned order

Orders

  • Appeal disposed of without interfering with the impugned High Court order dated 8.3.2018 upholding the Tribunal order
  • In exercise of Article 142 and considering the case very special, no direction was issued to the respondent to refund any surplus amount received over and above entitlement