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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
G.S. SANDHAWALIA, C.J., RANJAN SHARMA
State of H.P – Appellant
Versus
Mehar Chand – Respondent
JUDGMENT :
G.S. Sandhawalia, C.J.
The present appeal barred by 455 days’ seeks consideration of the order passed by the learned Single Judge in CWPOA No.6015 of 2019 decided on 19.09.2023.
2. The learned Single Judge has held that writ petitioner is entitled for fixation of pay while granting him step-up in terms of the said judgment along with all consequential arrears as the Writ petitioner had challenged the withdrawal of step-up in pay. While noticing the writ petitioner and corresponding employees who wereemployee in the Department of Police and only because they are posted in different Battalions, the entitlement was held out not to be denied as they had common seniority list in the same cadre, by the learned Single Judge.
3. The above facts have only been noticed for the purpose of dismissing the application for condonation of delay and therefore we are of the considered opinion that there is nothing on merits as such and this Court has examined the said aspect in view of the judgment of the Apex Court in Sheo Raj Singh (deceased) through LRs and others Vs. Union of India & another, (2023) 10 SCC 531 relevant portion whereof reads as under:-
“35.1. The law of limitation was found
The law of limitation binds all parties, including the government, and requires reasonable explanations for delays in filing appeals.
The court emphasized that delays in filing appeals must be justified with valid explanations, particularly for governmental entities, and that mere bureaucratic inefficiencies do not warrant leniency....
An application for condonation of delay must demonstrate plausible reasons; mere bureaucratic delays do not justify extending time limits for appeals.
The State must demonstrate diligence in prosecuting matters and cannot claim a separate period of limitation; a liberal approach to condonation of delay must consider the party's conduct.
Government bodies must provide reasonable explanations for delays in filing appeals, as the law of limitation applies equally to all litigants, including the State.
The court emphasized that negligence in litigation cannot be condoned beyond statutory limits, reinforcing the principle of timely action in legal proceedings.
Government bodies must demonstrate diligence and provide satisfactory explanations for delays in court proceedings; bureaucratic delays are not sufficient for condonation.
The law of limitation applies rigorously, and government departments must provide satisfactory explanations for delays in legal proceedings; mere procedural inefficiencies are insufficient.
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