Punjab-Haryana High Court
State Of Punjab And Others vs Mohan Lal on 21 October, 2024
Author: Lisa Gill
Bench: Lisa Gill
Neutral Citation No:=2024:PHHC:137528-DB
LPA-2333-2024 (O&M) - 1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH.
119 LPA-2333-2024 (O&M)
Date of Decision: 21.10.2024.
State of Punjab and others ...Appellants.
Versus
Mohan Lal ....Respondent.
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CORAM: HON'BLE MRS. JUSTICE LISA GILL
HON'BLE MRS. JUSTICE SUKHVINDER KAUR
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Present: Mr. R.S. Pandher, Sr. DAG, Punjab
for the appellants.
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LISA GILL, J. (Oral)
1. Prayer in this appeal is for setting aside order dated 20.04.2024 passed by learned Single Bench, whereby CWP-8836-2016 filed by respondent/ writ petitioner has been disposed of in terms of judgments of this Court in 'Kanta Rani Vs. State of Punjab and others', CWP-1933-2014 decided on 28.10.2014 and 'Sukhdev Kaur Vs. State of Punjab', CWP- 12199-2000, decided on 23.09.2002 against which SLP-4772-2003 filed by State was dismissed on 31.03.2003. Writ petitioner sought setting aside orders dated 12.04.2016, 22.04.2016 and 04.05.2016, whereby his claim for regularization of services was rejected.
2. Learned Single Bench on considering the facts and circumstances of the case concluded that controversy in instant case was identical to that in the case of Kanta Rani and Sukhdev Kaur (supra). It is specifically observed that learned counsel for the State was unable to 1 of 3 ::: Downloaded on - 11-11-2024 00:45:49 ::: Neutral Citation No:=2024:PHHC:137528-DB LPA-2333-2024 (O&M) - 2- controvert the factual position and draw out any distinctive aspects or cite any contrary law.
3. Present appeal has been filed with delay of 113 days. It is stated in the application that it was opined by Office of learned Advocate General vide letter dated 21.06.2024 that the matter is not fit for appeal. However, the department submitted the matter for reconsideration. The case was declared fit for appeal on 09.08.2024, pursuant to which this appeal was filed in September, 2024.
4. Learned counsel for the appellant has argued that delay has occurred due to aforementioned reasons and that on merits, no case is made out for regularization of the services of writ petitioner, thus impugned order dated 20.04.2024 should be set aside. However, learned counsel for the appellant is unable to point out any ground or point of distinction in the case set up by writ petitioner from that of Sukhdev Kaur's, matter which has admittedly attained finality with SLP (c)-4772-2003 filed by the State being dismissed.
5. Keeping in view the facts and circumstances as above, we do not find any ground whatsoever to cause interference for setting aside order dated 20.04.2024 passed by learned Single Bench which does not suffer from any illegality or perversity.
6. There is a delay of 113 days in filing the appeal with various grounds being raised. As the appeal itself has been adjudicated upon on merits, decision on the application (CM-5633-LPA-2024) for condonation of delay is rendered academic. Application is disposed of accordingly.
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7. No other arguments has been raised.
8. Keeping in view the above, appeal is dismissed being devoid of any merit.
9. Pending application(s), if any, stand(s) disposed of accordingly.
(LISA GILL) JUDGE (SUKHVINDER KAUR) 21.10.2024. JUDGE komal Whether speaking/ reasoned : Yes/ No Whether Reportable : Yes/ No 3 of 3 ::: Downloaded on - 11-11-2024 00:45:49 :::