YOGENDER KUMAR PATHAK vs UOI & ORS.

Judgment text excerpt

$~SB-1 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 31st JANUARY, 2025 IN THE MATTER OF: + W.P.(C) 17309/2006 YOGENDER KUMAR PATHAK ..... Petitioner Through: Mr. M.K. Bhardwaj & Ms. Alisha Saini, Advs. versus UOI & ORS. ..... Respondents Through: Mr. Bhagvan Swarup Shukla, CGSC with Mr. Sarvan Kumar, Adv. CORAM: HON'BLE MR. JUSTICE C.HARI SHANKAR HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD JUDGMENT (ORAL) SUBRAMONIUM PRASAD, J REVIEW PET. 363/2024 & CM APPL. 58305/2024 1. CM APPL. 58305/2024 has been filed by the Petitioner for condonation of delay in filing the review petition. 2. The review petition has been filed after a delay of 647 days, which according to this Court, has not been properly explained. However, instead of dismissing the review petition only on the ground of delay, this Court is inclined to consider the case on merits. 3. REVIEW PET. 363/2024 has been filed by the Petitioner seeking review of the Judgment dated 25.11.2022 dismissing the writ petition in which the Petitioner herein sought to challenge the Order dated 26.09.2005 passed by the Central Administrative Tribunal, Principal Bench, New Delhi wherein Central Administrative Tribunal (hereinafter referred to as “CAT”) Signature Not Verified Digitally Signed By:RAHUL SINGH W.P.(C) 17309/2006 Page 1 of 8 Signing Date:24.02.2025 19:05:41 in O.A. 2115/20003 had rejected the Petitioner’s challenge to a letter dated 09/14.07.2003 issued by the Respondents. 4. Shorn of unnecessary details, the facts of the case reveal that the Petitioner joined the Railways as a Khallasi/diesel cleaner on 09.07.1981 and he was promoted as Senior Khallasi/Khallasi Helper on 01.01.1988 as a result of upgradation of the post. 5. It is stated that on 30.04.1986, the Respondents initiated a proposal to install a ne