______________________________________________________ vs State Of H.P. & Ors
2023 Latest Caselaw 18445 HP

Himachal Pradesh High Court

______________________________________________________ vs State Of H.P. & Ors on 28 November, 2023

Bench: Mamidanna Satya Ratna Sri Ramachandra Rao, Jyotsna Rewal Dua

    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
                              CMP(T) No.1294 of 2020
                              Decided on: 28th November, 2023
    ______________________________________________________
    Babita Devi                                 .....Applicant




                                                                          .
                                       Versus





    State of H.P. & Ors.
                                                 ...Respondents
    _______________________________________________________





    Coram
    The Hon'ble Mr. Justice M. S. Ramachandra Rao, Chief Justice




                                                of
    The Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge
    1
     Whether approved for reporting?
    _____________________________________________________
    For the applicant:rt       Mr. Sanjay Jaswal, Advocate.
    For the respondents:       Mr. Anup Rattan, Advocate General with
                               Mr. Rakesh Dhaulta & Mr. Pranay Pratap

                               Singh, Additional Advocates General and
                               Mr. Arsh Rattan & Mr. Sidharath Jalta,
                               Deputy Advocates General, for non-
                               applicants no. 1 to 4-State.



                                           Mr. Goldy Kumar, Advocate, for non-
                                           applicant no.5.




    M.S.Ramachandra Rao, Chief Justice (Oral)

This application is filed seeking condonation of delay in

filing the O.A. before the erstwhile Himachal Pradesh Administrative

Tribunal and after its abolition, the matter has been transferred to this

Court.

2. Admittedly, the applicant is challenging certain

recruitment made as Part-time Water Carrier in May, 2010 and had

Whether reporters of Local Papers may be allowed to see the judgment?

filed the O.A. in the year 2017. The only reason assigned for the

delay in approaching the then Tribunal was that the applicant is a

rustic villager and housewife and she believed that her counsel, who

.

had issued the legal notice, would file the case in the Tribunal. The

legal notice in question is Annexure P-3 (dt. 12.08.2010).

3. No reason is assigned why the applicant did not contact

the counsel in the intervening period of seven years after issuance of

of legal notice before filing of this application for seeking appropriate

relief in the Tribunal.

4. rt As on date, the 5th respondent has completed thirteen

years of service as Part-time Water Carrier. At this distance of time, it

would be travesty of justice to allow this application for condoning

the delay in filing the O.A. and entertain the O.A.

5. Since no satisfactory explanation for condonation of

delay is shown by the applicant, accordingly, this application is

dismissed. Consequently, the O.A. is also dismissed.

6. Pending miscellaneous application(s), if any, also stand

disposed of accordingly.

                                               (M. S. Ramachandra Rao)
                                                    Chief Justice


                                                     (Jyotsna Rewal Dua)
    November 28, 2023                                          Judge
         R.Atal