Manmohan Kumar vs State Of Haryana And Others
2024 Latest Caselaw 8413 P&H

Punjab-Haryana High Court

Manmohan Kumar vs State Of Haryana And Others on 22 April, 2024

Author: G.S. Sandhawalia

Bench: G.S. Sandhawalia

                             Neutral Citation No:=2024:PHHC:053721-DB



                                           Neutral Citation No. 2024:PHHC:053721-DB
      IN THE HIGH COURT OF PUNJAB AND HARYANA
                    AT CHANDIGARH
(107)                           LPA-472-2024 (O&M)
                                Decided on : 22.04.2024

Manmohan Kumar                                                  ......Appellant(s)
                                         Versus

State of Haryana & others                                       ......Respondent(s)

CORAM : HON'BLE MR.JUSTICE G.S. SANDHAWALIA,
        ACTING CHIEF JUSTICE
        HON'BLE MS.JUSTICE LAPITA BANERJI

Present:    Mr.Baldev Singh Sodhi, Advocate
            Mr.Sukhcharan Singh Sahoke, Advocate for the appellant (s).

                *****

G.S. Sandhawalia, Acting Chief Justice (Oral)

1. Consideration in the present appeal, which is barred by 2560 days

in filing, is to the judgment dated 16.11.2016 of the Learned Single Judge

passed in CWP-18743-2011.

2. The reason given in the application for condonation of delay is

that the appellant is a poor person and could not engage a counsel and

therefore, the delay is sought to be condoned.

3. A perusal of the paperbook would go on to show that rather after

the writ petition had been dismissed, the appellant chose to file a second writ

petition on the same cause of action bearing CWP-9555-2023 seeking

appointment as Class-IV employee, i.e. Peon/Chowkidar on the basis of

compassionate grounds on account of his father having expired on 10.06.2002.

Vide the impugned order, the Learned Single Judge had granted the amount of

ex-gratia amount to the mother on account of the fact that the family was

pressing for compassionate appointment. It was noticed that the present

appellant was married and settled and the mother had a case for financial

assistance in terms of the Haryana Compassionate Assistance to the

Dependents of the Deceased Government Employees Rules, 2006.

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Neutral Citation No:=2024:PHHC:053721-DB

(107) LPA-472-2024 (O&M) -2-

4. Sufficient cause though being an elastic term, cannot be extended

to the extent the appellant has chosen to. Apparently, the cause was on

account of the financial difficulty whereas the writ petition had been filed on

the same cause of action after a period of 7 years and was dismissed on

31.07.2023 as not pressed to avail the remedy in the facts and circumstances.

In such circumstances, we are of the considered opinion that sufficient cause

sought to be made out is also not correct. Once the writ petition was dismissed

on 16.10.2016, the appellant has also chosen to sleep over the same. Thus no

case is made out for the indolent attitude of the appellant.

5. Resultantly, in view of the above discussion, the application

seeking condonation of delay in filing the appeal is dismissed. Consequently,

the main appeal as well as all pending application(s) along with application for

condoning the delay in re-filing the appeal also stand dismissed.

(G.S. SANDHAWALIA) ACTING CHIEF JUSTICE

(LAPITA BANERJI) 22.04.2024 JUDGE Sailesh

Whether speaking/reasoned : Yes Whether Reportable : No

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