Sunita v. State Of Haryana And Others
! "#!$% &' Date of Decision: 16.09.2019 Sunita age 42 years daughter of Hari Singh .....Appellant versus State of Haryana and others .....Respondents &( )&
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, Present :
Mr. Jagbir Malik, Advocate, for the appellant. **** + *&
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#-.!/ "#!$ Heard. For the reasons mentioned in the application, delay of 25 days in re,filing the appeal is condoned. Application stands disposed of.
! "#!$% &' This intra,court appeal under Clause X of the Letters Patent is directed against the judgment and order dated 27.02.2019 passed by the learned Single Judge dismissing the writ petition having been rendered infructuous in view of the statement made by the respondents that appointment has already been offered to the appellant,petitioner for the post of Primary Teacher (PRT) vide order dated 15.02.2019 for which she had filed the writ petition.
Learned Single Judge proceeded to observe that the seniority of the appellant will relate back to the merit position determined by the Board and that the pecuniary benefits will remain notional but effective from the date of appointment.
RAVINDER SHARMA 2019.09.17 16:52 I attest to the accuracy and integrity of this document
This was not challenged by the appellant,petitioner before the learned Single Judge and the order was accepted. Now subsequently this appeal has been filed saying that she would be entitled to all the benefits from the date other similarly situated persons had joined their services. We are not inclined to accept this argument of learned counsel for the appellant. This issue was never raised before the learned Single Judge and therefore, it would not be appropriate for us to test the same in the intra,court appeal. Even otherwise the appellant,petitioner was satisfied with the judgment rendered by the learned Single Judge and now it is not open to challenge the same in the intra,court appeal. We do not find any infirmity or illegality in the order passed by the learned Single Judge which may require any interference.
The appeal is devoid of merits and accordingly stands dismissed.
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Whether speaking/reasoned √Yes/No Whether reportable Yes/No√ RAVINDER SHARMA 2019.09.17 16:52 I attest to the accuracy and integrity of this document