State of Hp and Others v. Birbal
Case brief
What is this about?
LPA admission order: 313-day delay in filing appeal condoned (CMP(M) No. 637 of 2026); appeal against Single Judge judgment dated 14.11.2024 in CWP No. 6977 of 2020 (Birbal v. State of H.P. & Ors.) admitted, notice returnable in six weeks; operation and execution of that judgment stayed. The judgment under challenge had granted actual monetary benefits as Supdt. Gr.-II from 30.04.2011 to 02.10.2011 and quashed rejection order dated 09.05.2019 (Annexure A-2); State contends relief exceeded OA pleadings (Senior Assistant promotion from 1991; OA No. 17 of 2019; later promotions from Supdt. Gr.-II and Section Officer given up before the Single Judge). Contention left for consideration; no statute or precedent cited.
What did the court decide?
Delay of 313 days in filing the appeal condoned; CMP(M) No. 637 of 2026 disposed of; appeal directed to be registered and admitted with notice to the respondent returnable within six weeks (steps within one week); operation and execution of the impugned judgment dated 14.11.2024 in CWP No. 6977 of 2020 stayed. The merits of the contention that the Single Judge's relief exceeded the OA pleadings were left open for consideration.