Punjab-Haryana High Court
Jeet Ram & Ors vs State Of Haryana & Ors on 14 July, 2016
Author: Surya Kant
Bench: Surya Kant
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Letters Patent Appeal No.603 of 2016 (O&M)
Date of Decision: July 14, 2016
Jeet Ram and others ......Appellants
versus
State of Haryana and others .....Respondents
CORAM: HON'BLE MR.JUSTICE SURYA KANT.
HON'BLE MR.JUSTICE DARSHAN SINGH.
***
Present: Mr.Aditya Yadav, Advocate, for the appellants.
Ms.Palika Monga, Deputy Advocate General, Haryana.
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1. Whether Reporters of Local papers may be allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
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Surya Kant, J. (Oral)
The instant letters patent appeal assails the order dated 05.12.2015 whereby learned Single Judge has dismissed the appellants' writ petition on the ground of delay and laches. Learned Single Judge has observed and to that extent rightly so, that the writ petition was filed in the year 2015 challenging the order dated 26.02.2009. The case-law has also been cited by learned Single Judge for refusing to exercise discretionary jurisdiction in a case of unexplained delay.
The appellants' main contention is that their writ petition ought not be dismissed on account of delay and laches, for other Class-IV employees have already approached this Court and their writ petitions are pending. It is further contended that the subject allowance is a monthly entitlement, hence it gives rise to continuous cause of action and at best, the appellants could be denied the arrears from the due date.
On our asking, Ms.Palika Monga, learned Deputy Advocate 1 of 3 ::: Downloaded on - 20-07-2016 23:58:07 ::: LPA No.603 of 2016 (O&M) [2] General, Haryana, has accepted notice on behalf of the respondents to whom four copies of the paper book have been handed over.
Heard learned counsel for the parties and record perused. The appellants are Class-IV employees. They have specifically averred that other similarly placed employees have approached this Court through the writ petitions filed in the year 2009 which are 'admitted' and are lying pending.
In this view of the matter when this Court is already seized of the matter, the appellants' claim can also be considered alongwith those of similarly placed employees. That apart, the Ration Money is admittedly a monthly allowance and there appears to be some merit in the appellants' contention that it gives rise to a continuous cause of action. Be that as it may, it shall be the discretion of the Court to deny the arrears of such allowance to the appellants at the time of final hearing even if their claim is accepted.
For the reasons afore-stated, we allow this appeal; set-aside the order passed by learned Single Judge and 'admit' the appellants writ petition (CWP No.25502 of 2015), to be heard alongwith CWP Nos.19151 of 2009 and 19278 of 2009. The question of effect of delay on the arrears, if any, in the event of acceptance of appellants' claim is left open.
[SURYA KANT]
JUDGE
July 14, 2016 [DARSHAN SINGH]
mohinder JUDGE
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LPA No.603 of 2016 (O&M) [3]
CM No.1268 of 2016 in
LPA No.603 of 2016
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Jeet Ram and others vs. State of Haryana and others
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Present : Mr.Aditya Yadav, Advocate, for the applicant-appellants.
Ms.Palika Monga, DAG, Haryana.
*** Heard learned counsel for the parties.
For the reasons mentioned in the application, the same is allowed subject to all just exceptions and 44 days delay in filing the appeal is condoned.
CM stands disposed of.
(SURYA KANT)
JUDGE
July 14, 2016 (DARSHAN SINGH)
mohinder JUDGE
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