THE HON’BLE SRI JUSTICE V. ESWARAIAH AND THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P.NO.24276 OF 2009 Dt.11.11.2009 Between: K.Rama Krishna .. Petitioner And The General Manager, South Central Railway, Secunderabad and another .. Respondents THE HON’BLE SRI JUSTICE V. ESWARAIAH AND THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P.NO.24276 OF 2009 ORDER: (Per Sri Justice V.Eswaraiah) Petitioner filed O.A.(SR).No.1651 of 2009 before the Central Administrative Tribunal, Hyderabad Bench, Hyderabad, questioning the order of the Divisional Railway Manager, South Central Railway, Vijayawada, 2nd respondent herein, rejecting his request for compassionate appointment of his son pursuant to his representation dated 8.3.2007. Questioning the said rejection order dated 30.7.2007, the petitioner has to approach the Tribunal within one year from the date of the order i.e., on or before 30.7.2008. But the petitioner has approached the Tribunal in July 2009. Admittedly, there is a delay of 345 days in filing O.A.SR. No.1651 of 2009 and therefore the petitioner filed an application in M.A.No.321 of 2009 under Rule 8(4) of the Central Administrative Tribunal (Procedure) Rules, 1987 seeking to condone the delay 345 days in filing the O.A. on the ground that the delay is not wanton or wilful, but because of the circumstances beyond his control due to medical de-categorization and other financial difficulties faced by him and also prolonged correspondence with the respondents. However, the perusal of the papers does not disclose any correspondence with the respondents. It is the case of the petitioner that while he was working as Senior Track Assistant (Electrical) he was medically de-categorized on 24.5.2004 and subsequently he was voluntarily retired with effect from 6.12.2004. Thereafter, it is stated that he made representation on 15.12.2004. But, we do not see any proof of filing of the said representation dated 15.12.2004. Admittedly, he made a representation on 8.3.2007 before the 2nd respondent stating that he was medically de-categorized while working as Senior Traction Assistant at Rajahmundry and retired on 5.12.2004 and at the time of retirement, he got five years of service to retire on superannuation and therefore he is seeking Group ‘D’ employment to his son and accordingly requested to consider for appointment of his son on compassionate grounds. The said representation was rejected by the order impugned before the Tribunal. We are not inclined to express any opinion with regard to the entitlement of compassionate appointment to the son of the petitioner. But, we are concerned only with regard to the delay in approaching the Tribunal. An aggrieved person has to approach the Tribunal within one year from the date of the order impugned. The reasons stated by the petitioner in the affidavit filed in support of the application to condone the delay are reproduced as hereunder: “I submit, that there is delay of 345 days in filing the said O.A. due to circumstances beyond my control as I am restlessness due to medical de- categorization and put to lot of difficulties and also facing financial as well as bad health. The delay is neither wilful nor wanton. It is only prolonged struggle with the respondents by corresponding for appointment to my son since the respondents failed to follow the rules, I was the victim for non-observation of rules” The reasons stated by the petitioner in the affidavit in para 2 are vague and general, but not specific. Therefore, we are of the opinion that no sufficient cause has been shown for not making the application within the prescribed time and the delay of 345 days has not at all been explained properly. We do not see any error committed by the Tribunal in dismissing the application. However, we are of the opinion that if the petitioner files a fresh O.A., by filing a better affidavit explaining the delay showing sufficient cause, the Tribunal may consider the same and pass appropriate orders in accordance with law. The writ petition is accordingly dismissed with the aforesaid observation. ________________ V.ESWARAIAH, J. __________________________ VILAS V. AFZULPURKAR, J. 11.11.2009 kpr