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
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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
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