Nagendra Baitha vs ENVIRONMENT , FOREST AND CLIMATE CHANGE DEPARTMENT on 8 October 2026

CENTRAL ADMINISTRATIVE TRIBUNAL PATNA Order Sheet Item no.: 22 M.A./429/2026 (RANCHI) [ CONDONATION OF DELAY ] [ SENIOR CITIZEN ] In O.A./540/2026 ARREAR OF SALARY Court No.: 1 No of Adjournment: Order Dated: 08/10/2026 NAGENDRA BAITHA Vs ENVIRONMENT , FOREST AND CLIMATE CHANGE DEPARTMENT

For Applicant(s) Advocate : Shri Bhanu Kumar., Shri Bharat Kumar., Anuj Sarwesh.

For Respondent(s) Advocate : Shri Amit Sinha appearing through VC mode for O.P. No.1., Shri Indranil Bhaduri, ld. S.C. for State of Jharkhand- O.P. No. 2 to 4. Order of The Tribunal Learned counsels for both the parties are present. M.A. No. 429 of 2026. M.A. No. 429 of 2026 has been filed by the applicant for condonation of delay in filing the present O.A. Counsel for the applicant has submitted that the applicant retired from the service in the year 2021 and after his retirement a Notification dated 25.06.2024 was issued for providing financial upgradation benefits of selection grade w.e.f. 13.12.2017 but due to anomalies in the decision the applicant could not get the benefit of arrear and the cause of action is continuing. He has further submitted that although, the applicant has submitted a representation but the authorities could pay any heed. The delay in filing the O.A. is not wilful, hence in the interest of justice, the delay in filing the O.A. is liable to be condoned. Counsel for the Opposite Parties has submitted that applicant has not shown any sufficient ground for condonation of delay in filing the O.A. We have considered the submissions of both the sides and perused the record. In relief clause, the applicant has assailed the Notification dated 25.06.2024. According to Section 21(1) (b) of Administrative Tribunal Act, if the representation of the applicant is not decided within 6 months and the period has expired, thereafter the applicant may approach to the Tribunal within one year from the date of expiry of six month period. Apart from that since the applicant has retired and he is not getting the real benefit of financial upgradation for which he is entitled to, hence it appears that cause of action is continuing. In view of the above, by exercising the power under Section 21 (3) of the Act, in the interest of justice, M.A. No. 429/2026 filed for condonation of delay in filing the present O.A. is allowed and delay in filing the O.A. is condoned. Counsel for the applicant submitted his case.

Matter requires consideration, hence notices need to be issued to opposite parties. Since Shri Amit Sinha, ld. ASC appears for Opposite Party No.1 and Shri Indranil Bhaduri, l/c for State of Jharkhand- Opposite Parties No. 2 to 4 on receipt of advance copy of O.A. have appeared and accepted notice, hence issuance of notice is waived of. Learned counsel for opposite parties has submitted that he may be given an opportunity to file written statement. Considered the submission of counsel for opposite parties. Let written statement be filed within four weeks. Counsel for the applicant is directed to take steps for issuance of notice to Opposite Party No. 5 within a week. List the case on 10.12.2026. KUMAR RAJESH CHANDRA Member (A) Justice Narendra Kumar Johari Member (J) Binay Prasad ( ps )