STATE OF HARYANA Vs. KAPOOR SINGH

JUDGEMENT

(1.) THE challenge in the present revision petition is to the order passed by the learned District Judge, on 6.8.1993 whereby delay of 45 days in filing of appeal was not condoned and consequently the application as well as the appeal, were dismissed.

(2.) THE plaintiff filed a suit for declaration that he joined as a Junior Engineer on adhoc basis on 12.5.1967 and has worked as Junior Engineer till 10.4.1969, continuously without any break in service. The adhoc appointment of the plaintiff was regularised by the Haryana Public Service Commission and thus, the entire adhoc service rendered by the plaintiff is to be counted towards pay, leave and all other benefits.

(3.) THE appeal against the said judgment and decree was filed on 28.11.1992 along with an application for condonation of delay in filing the appeal. The reasoning for condonation of delay in filing of appeal was that the instructions to file the appeal were received in the Office of the District Attorney on 14.11.1992 and immediately thereafter, steps were taken to file the appeal, which has taken six days. Thus, it was prayed that the delay of 45 days in filing of appeal be condoned.