State Of H.P. And Others vs Dina Nath

Anoop Chitkara, J

Challenging order dated 08.10.2018, passed by the learned erstwhile Administrative Tribunal in OA (M) No.211 of 2018, the State has come up before this Court by way of present petition under Article 226 of the Constitution of India.

Operative part of the impugned order reads as under:-

"The contention raised by the learned counsel for the applicant in the present original application is covered by the judgment dated 14.12.2009 in CWP No.4493 of 2009 and the respondents are directed to consider the case of the applicant for granting him work charge status with all consequential benefits in terms of the aforesaid judgment within three months from today and the actual financial benefits shall be restricted to three years prior to filing of the original application."

It is clear that the State was directed to consider the case of the applicant/respondent within three months from the date of passing of the order. However, instead of seeking extension of time for consideration, the State has challenged this order after a gap of two and half years and no reason has been assigned for such delay. Even otherwise, the direction by the Tribunal was to consider the case of the applicant/respondent and on such a small ground, the State has come up before this Court.

Given the nature of direction passed by the learned Tribunal, which was just to consider the case of the applicant/respondent within three months, challenging the said order is not absolutely maintainable. Therefore, the present petition is dismissed in limini, so also the pending miscellaneous application(s), if any.