G. S. SANDHAWALIA, LAPITA BANERJI
State of Haryana – Appellant
Versus
Vijay Goyal – Respondent
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JUDGMENT
Ms. Lapita Banerji, J.
CM-3627 and 3625-LPA-2023
These are applications for condonation of delay of 70 days in filing and 62 days in re-filing the appeal.
In view of the averments made in the applications duly supported by an affidavit, the applications are allowed. Delay stands condoned.
LPA-1426-2023
Consideration in the present letters patent appeal is to an order dated March 14, 2023 passed by an Hon'ble Single Judge in CWP No.23356 of 2022 (Vijay Goyal v. State of Haryana and others), whereby the Hon'ble Single Judge had allowed the writ petition by setting-aside the impugned order dated October 06, 2022 (Annexure P-13). The three issues which were framed for adjudication by the Hon'ble Single Judge are as follows:-
Ashok Kumar v. Deepinder Singh Dhesi, (2019) 8 SCC 280
The validation of engineering degrees obtained through distance education occurs upon passing the AICTE test, and promotions must reflect the original date of the degree, restoring status quo ante.
petitioners are not eligible as on the date of the judgment passed by the Apex Court in Orissa Lift Irrigation Corporation case and their degrees are deemed to be suspended- petitioners are not entit....
The obligation of the Corporation to restore the petitioner's position and grant all accrued benefits after the validation of his degree.
If the respondents had extended any benefits and advantages in favour of the petitioners, then the question of restoring those benefits to the petitioners would not arise.
In-service candidates were given two chances to clear test/tests within stipulated timeframe and on doing so, all advantages/benefits would have to be restored to them with revival of degrees.
As per Recruitment and Promotion Rules, rightful claim of petitioner cannot be permitted to be defeated by respondents at this belated stage on grounds, as have been setup in reply.
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