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of <h1>Court upholds dismissal of application seeking re-engagement as casual employee. Delay and lack of willingness pivotal.</h1> <h3>Bhawani Singh Versus Union Of India, Principal Chief Commissioner Of Income Tax, Pr. Commissioner of Income Tax-2</h3> Bhawani Singh Versus Union Of India, Principal Chief Commissioner Of Income Tax, Pr. Commissioner of Income Tax-2 - TMI Issues:Challenge to order of Central Administrative Tribunal for dismissal of miscellaneous application for execution of order dated 29.10.2012.Analysis:The petitioner, a Computer Operator, along with four others, challenged their termination and sought direction for not being replaced except by regular appointment. The Central Administrative Tribunal (CAT) decided in favor of the applicants in 2012, reinstating them. The petitioner filed a representation in 2013 and a contempt petition in 2017, which was dismissed. Subsequent review applications were also dismissed. In 2018, the petitioner filed a miscellaneous application for execution of the 2012 order, seeking re-engagement as a casual employee.The Tribunal, in 2019, dismissed the application stating that the petitioner never joined duties as required by the 2012 order, unlike other similarly situated persons. The petitioner argued discrimination, citing the dismissal of a Special Leave Petition by the Union of India in a related case. The High Court noted that the petitioner failed to show willingness to resume duties despite the favorable order in 2012. The Court found the petitioner's actions time-barred under the Administrative Tribunal Act, 1985, as the application was filed after six years, contrary to the Act's limitation provisions for execution and raising grievances.The High Court upheld the Tribunal's order, stating that the petitioner's attempt to re-agitate the issue was improper, as the matter had been concluded earlier. The Court emphasized that the petitioner's delay in pursuing the matter and failure to join duties were key factors in dismissing the application. The Court concluded that the 2019 order did not warrant interference and dismissed the writ petition for lack of merit.
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