The Accountant General (A&E) vs Shish Ram Kadiyan on 4 July, 2011

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Punjab-Haryana High Court

The Accountant General (A&E) vs Shish Ram Kadiyan on 4 July, 2011

Bench: Ram Chand Gupta

C.M.No.7086-C of 2011 in
R.S.A. No.2569 of 2011(O&M)                                    -1-

IN THE HIGH COURT             OF PUNJAB           AND     HARYANA          AT
                             CHANDIGARH.

                                    C.M.No.7086-C of 2011 in
                                    R.S.A. No.2569 of 2011(O&M)
                                    Date of Decision: July 4, 2011

The Accountant General (A&E), Haryana Lekha Bhawan and others

                                                         .....Appellants
                               v.

Shish Ram Kadiyan
                                                         .....Respondent

CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA

Present:    Mr.Ashish Gupta, AAG, Haryana
            for the appellants.
                   .....

RAM CHAND GUPTA, J.(Oral)

C.M.No.7086-C of 2011 This is a case where respondent-plaintiff is being harassed by officials of his own department for giving him his rightful due of pension.

Admittedly his pension was to be released on the basis of average of ten months of pay, which he was drawing before his retirement as per the Pension Rules prevalent at that time. However, his pension was not calculated by taking the said average and rather his pension was calculated on the basis of some deemed pay, which he would have got had he not working in another department of the Government, i.e., Agriculture Department by treating the said service as foreign service. His suit was decreed by both the Courts by observing that rendering of service in different departments of the same Government cannot be said to be a foreign service and rather respondent-plaintiff was also given pro forma promotions in his parent department. There are concurrent findings of both C.M.No.7086-C of 2011 in R.S.A. No.2569 of 2011(O&M) -2- the Courts below in decreeing the suit filed by respondent-plaintiff. The present regular second appeal has been filed after delay of 204 days. Present application has been filed under Section 5 of the Limitation Act for condonation of delay by taking the plea that initially Legal Remembrancer & Secretary to Government Haryana, Law and Legislative Department, opined that it is not a fit case for filing regular second appeal and, however, the department decided to file regular second appeal on 22.12.2010. However, it has not been mentioned as to what was the basis for over-ruling the opinion given by Legal Remembrancer & Secretary to Government Haryana, Law and Legislative Department that it is not a fit case to file regular second appeal. Moreover, even if it is taken that department decided to file appeal on 22.12.2010, the present appeal was filed after expiry of about five months of the same and there is no cogent explanation in the application for explaining the said delay.

Hence, in view of these facts, what to talk of sufficient case, no case for condonation of delay of 204 days in the filing the appeal is made out. Application for condonation of delay in filing the appeal is dismissed. RSA No.2569 of 2011

As a consequence thereof, the present regular second appeal is also dismissed as having not been filed within the prescribed period of limitation.



4.7.2011                                            (Ram Chand Gupta)
meenu                                                    Judge
 C.M.No.7086-C of 2011 in
R.S.A. No.2569 of 2011(O&M)   -3-

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