Allowed a CM application condoning a 497-day delay in filing an appeal. Dismissed an appeal challenging a lower court decree granting a teacher a second proficiency step-up under the Assured Career Progression Scheme based on overall service record.
Condcoration of 497-day delay allowed; Appeal and application for stay dismissed with no costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CM No.9866-C of 2009 & RSA No.2262 of 2009 Decided on : 05.09.2009
State of Punjab & others
... Appellants
versus
Didar Singh
...Respondent
CORAM : HON'BLE MR. JUSTICE AJAY TEWARI
Present : Mr. Jaswinder Singh, DAG, Pb.
AJAY TEWARI, J. (ORAL)
CM No.9866-C of 2009
For the reasons mentioned in the application, the
delay of 497 days in filing the appeal is condoned.
CM stands disposed of.
RSA No.2262 of 2009
This appeal has been filed against the concurrent judgments of the Courts below decreeing the suit of the respondent for declaration that he is entitled to be granted second proficiency step up on the completion of 20 years of service w.e.f. 1.1.1996. The following questions have been proposed:
i) Whether the judgment and decree of learned trial
courts are perverse and liable to be set aside?
RSA No.2262 of 2009
-2-
ii)Whether the approached the learned courts below holding that the plaintiff/respondent to his pay refix w.e.f. 1.1.1996 and is entitled to recover the arrears
of pay and allowances accure due to him w.e.f. 1.1.1996 as a result of be-fixation of his pay is unsustainable in the eyes of law?
Both the Courts below have found that the grant of second proficiency step up under the Assured Career Progression Scheme was governed by notification Ex.P-4, which talked of overall service record. The plea taken by the appellant, that the results of the respondent were not as per the results of the other teachers has rightly been disregarded by the Courts below, since as mentioned above, the Assured Career Progression Scheme was based upon 'Overall Service Record'. There was no reference in the notification about any requirement that the results should have been of any particular standard. Courts below have found that the entire service record of the respondent is either good or very good. Thus, respondent is entitled to the claimed declaration.
Consequently, this appeal and application for stay are dismissed. No costs.
September 05, 2009 ( AJAY TEWARI) sonia JUDGE
3 issues framed by the court
Whether the judgment and decree of the courts below, holding the respondent entitled to a second proficiency step up under the Assured Career Progression Scheme, are perverse and liable to be set asid
Whether the appeal filed against the concurrent judgments of the Courts below decreeing the respondent's entitlement to declaration for the second proficiency step up deserves to be allowed.
Whether the delay of 497 days in filing the appeal (CM application) should be condoned.
State of Punjab & others
Didar Singh
Ajay Tewari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
