High CourtsDivision Bench

State Of H.P. And Others vs Mangat Ram

High Court Of Himachal Pradesh · Decided on 25 March 2021 · Citation: (2021) 03 SHI CK 0211

HON’BLE JUDGES
L. Narayana Swamy, CJ · Anoop Chitkara, J
ACTS & SECTIONS REFERRED
Constitution Of India, 1950 — Article 226
RESULT
Dismissed
CASE NUMBER
Civil Writ Petition No. 2008 Of 2021
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

6 paragraphs · 254 words

Anoop Chitkara, J

1.

Challenging order dated 08.04.2019, passed by the learned erstwhile Administrative Tribunal in OA (M) No.199 of 2018, the State has come up before this Court by way of present petition under Article 226 of the Constitution of India.

2.

Operative part of the impugned order reads as under:-

"consequently, the original application is allowed in terms of the judgment dated 14.12.2009 in CWP No.4489 of 2009 and the respondents are directed to regularize the services of the applicant after completion of 8 years with all consequential benefits in terms of the aforesaid judgment within three months from today. The actual financial benefits shall be restricted to three years prior to filing of the original application."

3.

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 about two 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.

4.

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.