STATE OF H. P. Vs. BAHADUR SINGH RANA

JUDGEMENT

(1.) CMP (M) No.1026 of 2009. This is an application for condonation of delay in filing the appeal. Heard learned counsel. Having gone through the affidavit accompanying the application, we are satisfied that the delay is liable to be condoned. Accordingly, the delay is condoned. The appeal shall be treated to have been filed in time. LPA No. 160 of 2009 Admitted.

(2.) THE State is aggrieved by the judgment dated 19th May, 2009 in CWP(T) No. 567 of 2009. The parties are referred to as they are arrayed in the Writ Petition.

(3.) THE contention of the State on the contrary is that since the petitioner had already been appointed in the H.P. Agro Industries Corporation, and when the workshop was re -transferred to the Government Department with effect from 21st March, 1994, the State had to create additional posts so as to accommodate the petitioner and similarly situated persons and hence they can count their seniority and hope for promotional avenues, only with effect from the date of retransfer. However, it is stated that the service rendered prior to the transfer and the service in the Corporation will count for pensionary benefits.