STATE OF HARYANA Vs. CHAND RAM

JUDGEMENT

(1.) This intra-Court appeal under clause-X of the Letters Patent is directed against the judgment and order dtd. 17/5/2017 passed by learned single Judge allowing the writ petition filed by the respondent herein. The dispute was in respect of entitlement of the respondent-petitioner to receive his gratuity. The learned single Judge directed to release the payment of gratuity along with interest at the rate of 9% per annum till its actual realisation.

(2.) Office has reported 582 days' delay in filing the appeal. An application under Sec. 5 of the Limitation Act, seeking condonation of delay, has been moved on the allegation that after receiving copy of the order passed by learned single Judge it was sent for legal opinion to Advocate General, Haryana, and Legal Remembrancer, Haryana, by the Director, Elementary Education, Haryana. Initially, the office of Advocate General submitted an opinion dtd. 27/6/2017 that it is not a fit case for filing LPA. Referring to a communication dtd. 10/7/2017, wherein it is stated that the Advocate General opined that it is a fit case for filing LPA, the matter was again referred back to the office of Advocate General. The Advocate General, vide letter dtd. 20/2/2018, submitted that it was an inadvertent typographical error whereby the word "not" came to be omitted in the opinion dtd. 10/7/2017 and actually it is not a fit case for filing appeal but is fit for filing an application seeking clarification. It is further stated that the department did not agree with the view/opinion of the Advocate General and decided to file the LPA.

(3.) We are astonished at the stand taken by the department which virtually tantamount to reposing no confidence in the Advocate General, which is a constitutional authority. We also fail to understand as to what made the department not to agree with the view/opinion expressed by the Advocate General. Moreover, even if a decision was allegedly taken by the department on 19/3/2018 against the opinion of learned Advocate General to file LPA, still the appeal was filed on 17/1/2019 i.e. after almost 9 months of the alleged decision of the department. The said delay is sought to be explained by alleging that time was spent in obtaining sanction and drafting/finalizing the grounds of appeal.