State Of Punjab And Others v. Nishant Kumar And Another




    
         Date of Decision: 31.10.2018 State of Punjab and others .....Appellants versus Nishant Kumar and others .....Respondents   !  "  #
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%   Present :

Mr. Avinit Avasthi, Assistant Advocate General, Punjab, for the appellants.

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 &'(  This intra)court appeal under Clause X of the Letters Patent is directed against the judgment and order dated 30.01.2018 passed by the learned Single Judge allowing the writ petition filed by the respondents herein.

2.

The appeal is reported to be delayed by 233 days and is accompanied by an application under Section 5 of the Limitation Act. The only explanation submitted for this inordinate delay in filing the appeal is contained in paragraph)3 of the application which is reproduced hereunder:)


  

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A perusal of the aforesaid averments would go to show that there is no reason disclosed for receiving a certified copy of the judgment on 13.03.2018 after about 11⁄2 months. A perusal of the averments further would go to show that despite legal opinion tendered by Assistant Advocate General and Additional Advocate General, Punjab that matter is not fit for filing the Letters Patent Appeal, on 11.04.2018 a sanction was sought from the Government to file the Letters Patent Appeal on 01.06.2018 that is after about two months of receiving the opinion. The Sanctioning authority granted the sanction on 27.07.2018 after about more than 11⁄2 months for which there is no explanation.

4.

Apart from there being no satisfactory explanation for delay and the appeal having been filed against the opinion of the Assistant Advocate General and Additional Advocate General, the judgment of the learned Single Judge in allowing the claim for payment of arrears of revised pay scale w.e.f. 01.01.2006 to 31.07.2009 is based on the judgment of the Hon'ble Apex Court rendered on 07.11.2003 in an earlier round of litigation

 between the parties in CA No. 8745 of 2003. The Hon'ble Apex Court in respect of the rights of the respondents herein had observed as under:)
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It may be relevant to mention at this stage that the claim of the respondents)petitioners despite the aforesaid judgment of the Hon'ble Apex Court was rejected vide order dated 31.10.2013 passed by appellant No.3 which was subject matter of challenge in the writ petition before the learned Single Judge.

6.

In view of the fact that the claim made by the respondents herein stood finally adjudicated by the Hon'ble Apex Court, there existed no reasons or occasion for rejecting their claim and thus the learned Single Judge rightly set aside the order which was directly in teeth of the judgment of the Hon'ble Apex Court and allowed the claim. The appellants had audacity of challenging the said order by filing the present appeal which is

 totally meritless and against the opinion of their own Assistant Advocate General and Additional Advocate General and that too after the inordinate delay of 233 days without there being any plausible explanation to condone the same and is nothing but a gross abuse of process of law. 7.

In view of the above facts and discussion, we are left with no option but to dismiss the appeal with exemplary costs of Rs.50,000/) for wasting the precious time of this Court and to deter the officials of the State Government in filing such frivolous litigation in future. The costs shall be deposited by the State Government in the account of the Punjab and Haryana High Court Employees Welfare Association within two months from today. It shall, however, be open to the State Government to realize the amount of costs from the erring officials after conducting an enquiry and fixing the responsibility.

   

               
 

 !"#   Whether speaking/reasoned √Yes/No Whether reportable √Yes/No