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2021 Supreme(SC) 65

SANJAY KISHAN KAUL, DINESH MAHESHWARI, HRISHIKESH ROY
Union of India – Appellant
Versus
Central Tibetan Schools Admin. – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Vikramjit Banerjee, Mr. P.V. Yogeswaran, Mr. Nachiketa Joshi, Mr. Gurmeet Singh Makker.

ORDER :

1. The approach of the Union of India in the manner it has filed the present special leave petition exasperates us as all earlier counsel appears to have been thrown in the dustbin!

2. A writ petition was filed in the year 2000, raising a question of parity in the pay-scale of the employees of the Central Tibetan School Administration and that writ petition came to be allowed by the learned Single Judge in terms of an order dated 07.05.2002. The appellant-Union of India aggrieved by the said order preferred a Letters Patent Appeal (LPA), which was dismissed for non-prosecution on 15.12.2008. The Union of India decided to wake up and preferred an application seeking restoration of the LPA in the year 2016 seeking condonation of delay of 2590 days. This application was dismissed by the impugned order dated 19.12.2018 by the detailed order. The Division Bench recorded that the only ground which was urged was that the counsel appearing in the matter has been elevated as a Judge of the High Court and the Department was not aware about the “peculiar circumstance.” The High Court thus while referring to the judicial view of this Court, inter-alia in the matter of Office of the Chief

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