ROSHAN LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) CMP(M) No.380 of 2012 & LPA No.96 of 2012. Aggrieved by the judgment dated 18.10.2011, passed by learned Single Judge in CWP (T) No.13740 of 2008, the appellant, who was 3rd respondent in the writ petition, has approached this Court by filing the present appeal for quashing and setting aside the same.

(2.) THE appeal is barred by time as 106 days' delay has occurred in filing the same. No doubt, in the present application, a prayer has been made for condonation of delay on the ground that prior to the appointment of the writ-petitioner as part time water carrier in Government Senior Secondary School, Samej, District Kullu, pursuant to the impugned judgment, the appellant-3rd respondent had no knowledge of the disposal of the writ petition and his appointment having been quashed and set aside, as he was not present in the Court nor learned counsel representing him ever informed about the impugned judgment passed in the writ petition on 18.10.2011. However, the grounds so taken in the application are plausible or not and a case for condonation of delay is made out or not, need appraisal of the facts and circumstances of this case and also the findings returned by the learned Single Judge.

(3.) IN a situation when the only approval accorded by the competent authority under Clause-12 of the Scheme, in existence was in favour of the writ petitioner, therefore, the appellant-3rd respondent could not have been appointed against the post in question. In view of such factual matrix, the only plausible and inescapable view of the matter would have been the one as is already taken by the learned Single Judge.