STATE Vs. RAGHBIR LAL KOHLI

JUDGEMENT

(1.) RESPONDENTS are working as Principal Private Secretaries to the Honble Judges of this court and placed in the pay scale of Rs.9000 -14100/ -. They filed writ petition SWP No.762/03 claiming parity with the Private Secretaries/Principal Private Secretaries working with the Ministers and Ministers of the State in the State Government falling under the J&K Secretariat (Gazette4 Service). The writ court vide impugned judgment [2006 (2) JKJ HC -193] dt.17th of March06, allowed the writ petition and directed the State Government as under: - -

(2.) THE writ court further observed as under: - -

(3.) AGGRIEVED by the said order of the writ court, the present LPA has been filed by the respondent -State. Along with the LPA, an application under Section 5 of the Limitation Act has been filed for seeking condonation of delay in filing the appeal. It has been pleaded that the judgment impugned was pronounced on 17th of March06 and thereafter, the applicants applied for issuance of certified copy of the judgment on 1st of April06 and the same was issued on 7th of April 06. After the receipt of the copy of the judgment, it was referred to the concerned authorities for obtaining legal opinion as to whether the appeal is to be filed or not. The matter was examined by the concerned authorities and in the process of completing official formalities regarding according sanction and obtaining other requisite documents time was consumed and accordingly sanction was granted to file the appeal on 27th of June 06. It is thus stated that there was no delay in filing the appeal and even if there is some delay, the same was neither intentional nor deliberate but has been caused due to the procedure which was required to be followed.