IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
M.S. RAMACHANDRA RAO, SUKHVINDER KAUR, JJ.
State of Haryana – Appellant
Versus
Ram Rattan & Ors. – Respondents
CM NO. 814-LPA-2020 IN/AND LPA NO. 301 of 2020 (O&
Decided On : 13-03-2023
| Table of Content |
|---|
| 1. overview of the appeals and judgment details. (Para 1 , 2 , 3) |
| 2. application for condonation of delay. (Para 4 , 5) |
| 3. opposition to the delay application by respondents. (Para 6 , 7) |
| 4. cited case law in response to delay claim. (Para 8 , 9) |
| 5. court's analysis of the delay's sufficiency. (Para 10 , 11) |
| 6. legal principles on government delay applications. (Para 12 , 13) |
| 7. decision on the appeal applications. (Para 14) |
JUDGMENT
Sukhvinder Kaur, J.
These LPAs as detailed in the head note, have been preferred by the appellant-State of Haryana, Department of Education, being aggrieved against the common judgment dated 15.07.2019 passed by the learned Single Judge in various writ petitions:- (1) CWP-19988-2011 Ram Rattan and others v. State of Haryana and others (2) CWP-16586-2012 Subhash Chander Aggarwal v. GJU of SC & TECH & others (3) CWP- 4293-2015 Devender Sachdeva and others v. State of Haryana and others (4) CWP-12624-2015 Brij Lal and others v. State of Haryana and others (5) CWP-18488-2015 Manoj Kumar and others v. State of Haryana and others (6) CWP-19370-2015 Phool Kumar and others v. State of Haryana and others (7) CWP-20353-2015 Mohinder Singh Malik and others v. State of Haryana and others (8) CWP-21145-2015 Rajinder Singh and others v. State of Haryana and others (9) CWP-245-2016 Mahipal Singh and another v. State of Haryana and others (10) CWP-6833-2016 Saroj Devi and others v. State of Haryana and others.
2. The petitioners sought a writ in the nature of certiorari for quashing the impugned order dated 20.03.2013 (Annexure P-7 in CWP20353-2015) whereby, grade pay of Rs.3200/- w.e.f. 01.01.2006 has been granted after withdrawing the grade pay of Rs.3600/- and order dated 29.09.2014 (Annexure P-10 in CWP-20353-2015) vide which letter dated 05.09.2014 (Annexure P-9 in CWP-20353-2015) granting the revision of Grade Pay from Rs.3200/- to Rs.3600/- to the Assistants working in the State Universities including respondent Maharshi Dayanand University, Rohtak w.e.f. 01.01.2006 has been withdrawn.
3. Vide the impugned judgment, the writ petitions were allowed and impugned orders dated 20.03.2013, 05.09.2014 and 29.09.2014 (Annexures P-7, P-9 and P-10 in CWP-20353-2015) were quashed.
4. As there was delay in filing of all these LPAs, so it has been sought to be condoned by moving an application under section 5 of the LIMITATION ACT , 1963, in each appeal. It has been averred in these applications that there was no intentional delay or latches on the part of the applicants rather the delay whatsoever has occurred, is procedural and to explain the same certain dates have been mentioned in these applications which are being reproduced in a tabular form in Annexure A-1 attached with this judgment and the same be read as its part and parcel.
5. After taking us through the grounds mentioned in the applications, it has been submitted by counsel for the appellant that the delay in filing of these LPAs may be condoned as the same was neither intentional nor deliberate but due to the lengthy departmental procedure.
6. The applications have been opposed by filing the written reply by the writ petitioners in LPA-301-2020, LPA-209-2021 and LPA-195- 2021.
7. It has been alleged in the reply that the department took no steps to apply for certified copy of the impugned judgment within the limitation period. It has been further averred that the entire approach of the department was just casual; after expiry of limitation period the rights of the petitioners/respondents have attained finality and the applicant/department cannot be allowed to take the benefit of its own wrong, in filing the appeal with such a long delay.
8. In support of their submissions, learned counsel for the respondents have also relied upon the decision of Hon'ble Supreme Court in Office of the Chief Post Master General and others v. Living Media India Ltd and another, reported in 2012 (2) S.C.T, 269 SC; State of Haryana and others v. Neelam Rani and other
Mahipal Singh v. State of Haryana
Manoj Kumar v. State of Haryana
Phool Kumar v. State of Haryana
Pundlik Jalam Patil (d) by Lrs v. Exe. Eng. Jalgaon Medium Project 2008 (4) RCR(Civ) 885 SC
Rajinder Singh v. State of Haryana
Ram Rattan v. State of Haryana
Administrative lethargy and bureaucratic delays do not constitute sufficient cause for condoning inordinate delays by state in filing appeals; bona fides and vigilance required.
The court emphasized that government entities must demonstrate diligence in adhering to the statutory limit for appeal filing and cannot claim special treatment in delay situations without sufficient....
State cannot condone inordinate appeal delays via bureaucratic excuses; unexplained periods and administrative lethargy fail sufficient cause test, binding government to limitation laws equally.
The law of limitation is strict and must be adhered to; bureaucratic delays are not sufficient grounds for condoning delays in filing appeals.
Delay in filing an appeal may not be condoned without a sufficient cause shown, emphasizing the importance of diligence and adherence to limitation periods in judicial proceedings.
The law of limitation applies universally, and bureaucratic delays do not constitute sufficient cause for condoning inordinate delays in filing appeals.
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