Limitation in filing of cases at Administrative tribunal

S.B.adil rahman (Querist) 14 July 2010 This query is : Resolved
In how many days a case has to be filed at Administrative Tribunal? My client was denied promotion by the state government and the publication in Gazette was made on 7.8.2009.He filed representations with the Home secretary and the chairman Public service commission West Bengal. Till now even after 11 months no reply was received.In the mean time he was again superseded on 2.7.2010 for the second time. What is the limitation for filing cases against the State? whether both the cases of denial can be clubbed together in the plaint.I am confused about section 21 of Administrative Tribunal Act. kindly clarify.

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Devajyoti Barman (Expert) 14 July 2010
The subsequent supersede has given rise to fresh cause of action and now you can safely challenge both the decisions

Srinath Kondapally (Expert) 14 July 2010
Definately,you can club it together in the plaint as Barman said.

S.B.adil rahman (Querist) 15 July 2010
Thanks for clarification. However, what is the time limit for filing the case? Kindly enlighten.

Chanchal Nag Chowdhury (Expert) 17 July 2010
There is no limit as such but inordinate & unexplained delay will raise a presumption of acceptance on your part.

S.B.adil rahman (Querist) 17 July 2010
thank you for kindness

G. ARAVINTHAN (Expert) 18 July 2010
if there is enormous delay only, you have to specify the reason for the delay, otherwise not

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