Punjab-Haryana High Court
The State Of Haryana And Others vs Chandi Ram And Another on 20 November, 2012
Author: Rakesh Kumar Jain
Bench: A.K. Sikri, Rakesh Kumar Jain
LPA No.1774 of 2011 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
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LPA No.1774 of 2011 (O&M)
Date of Decision: 20.11.2012
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The State of Haryana and others
. . .Appellants
Versus
Chandi Ram and another
. . . . Respondents
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CORAM: HON'BLE MR.JUSTICE A.K. SIKRI, CHIEF JUSTICE
HON'BLE MR.JUSTICE RAKESH KUMAR JAIN
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Present: Mr.Anil Rahtee, Addl. A.G. Haryana.
Mr.R.N. Lohan, Advocate,
for the respondents.
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RAKESH KUMAR JAIN, J.
CM No.4770-LPA of 2011 This is an application under Section 5 of the Limitation Act, 1963 (for short 'the Act') for condonation of delay of 322 days in filing the appeal.
Besides alleging procedural delay, the applicant/appellants has submitted that the appeal is covered by the decision of this Court rendered in the case of "Kartar Singh Vs. Union of India & others" passed in CWP No.1640 of 2008 decided on 6.11.2012, which fact is not denied by counsel for the respondent.
Keeping in view the decision of the Supreme Court in the case of "Collector, Land Acquisition, Anantnag and another Vs. Mst.Katiji and others" AIR 1987 SC 1353, LPA No.1774 of 2011 (O&M) -2- wherein it has been held that a meritorious case may not be dismissed on the ground of limitation, the present application is hereby allowed and delay is condoned.
CM stands disposed of.
LPA No.1774 of 2011 (O&M) The respondents claim, for promotion to the next higher post on the basis of their qualifications acquired through Distance Mode from Deemed Universities, has been allowed by the learned Single Judge on 11.8.2010 being covered by the judgment of this Court in CWP No.1405 of 2009 decided on 13.1.2010 by which degrees granted by the Deemed Universities are said to be recognized qualifications.
Aggrieved against the order of the learned Single Judge, the present appeal has been preferred in which at the time of notice of motion, operation of the impugned order was stayed.
Learned counsel for the appellants has submitted that the matter is squarely covered, in favour of the appellants, in terms of the order passed by this Court in the case of "Kartar Singh Vs. Union of India & others" passed in CWP No.1640 of 2008 decided on 6.11.2012.
Counsel for the respondent has also made the similar statement.
In view of the fact that both the parties are ad idem that the controversy involved in the present appeal is squarely LPA No.1774 of 2011 (O&M) -3- covered by the decision rendered in the case of Kartar Singh (Supra), present appeal is, thus, allowed, in terms of the aforesaid order and the impugned order passed by the learned Single Judge is hereby set aside.
(A.K. SIKRI) (RAKESH KUMAR JAIN) CHIEF JUSTICE JUDGE NOVEMBER 20, 2012 Vivek