Tarlok Singh Chauhan, Judge ( Oral )

The moot question involved in this petition is whether the provisions of Section 12 (2) of the Limitation Act are applicable to the appeals filed under Clause 12 of the Scheme for the appointment of Anganwari Worker/Helper (for short Scheme).

2. The learned Commissioner, Mandi, vide impugned decision dated 18.9.2015 dismissed the appeal by holding that the provisions of the Limitation Act were not applicable to the proceedings carried out under the Scheme. It is apt to reproduce the relevant observation which reads thus:

“…After perusal of the record and hearing both parties I come to the conclusion that Limitation Act is not applicable in these cases as also held by the Hon’ble High Court of H.P. Shimla in the CWP cited above, hence the appeal is dismissed being time barred as this court does not have the power to condone delay of even one day, as per the High Court’s orders. The copy of this order be sent to the lower Court while returning the record of lower Court. The case file of this Court be consigned to GRR after due completion.”

3. Sections 12 (2) and 29(2) of the Limitation Act, read thus:

“12.(2): In computing the period of limit