State of HP and another Versus Devender Kumar CMP(M) No.135 of 2025 [Item D-7] 27.08.2025 Present: Mr. Anup Rattan, Advocate General with Mr. Arsh Rattan, Deputy Advocate General, for the applicants-appellants-State. CMP(M) No.135 of 2025 Keeping in view the averments made in the application under Section 5 of Limitation Act, duly supported by an affidavit of the official, we are of the opinion that sufficient cause has been made out to condone the delay in filing the appeal. Therefore, delay of 56 days in filing the appeal is condoned. Appeal be registered. Application stands disposed of. LPA Filing No.58257 of 2024 2. Inter alia contends that the writ petitioner is stated to have been appointed as Lecturer [Electrical Engineering] on 29.09.2012 on contract basis and thereafter his services were regularized on 02.06.2017 [Annexure P-3]. 3. As per terms and conditions of regularization order, especially Clause-9, the contract service was not to be counted towards qualifying service and his entitlement for regular scale was only to be counted from the date of his regularization and seniority also could not, as such, be claimed. The writ petitioner thereafter earned promotion as senior Lecturer on 19.07.2022 [Annexure P-4] on the basis of his seniority as per the regularization order. The writ petitioner till that stage had never raised any issue regarding his regularization from the date it was granted and it is thus contended that filing of the writ petition in the year 2024 only on the basis of representation forwarded on 06.12.2023 [Annexure P- 6] could not be justified. 4. It is submitted that learned Single Judge while allowing the writ petition has granted him seniority and consequential promotional benefits, though declining the monetary benefits, while placing reliance upon the judgment in CWP No.2004 of 2017, titled as Taj Mohammad and others Versus State of Himachal Pradesh and others, decided on 03.08.2023. 5. It is submitted that the issue of delay would go to the root of the matter, as settled by the Apex Court that the issue of promotion and seniority, as such, had to be raised at the earliest, preferably within six weeks in view of the law laid down by the Apex Court in P.S. Sadasivcaswamy v. State of Tamil Nadu, AIR 1974 SC 2271 and consistently followed thereafter. 6. Notice be issued to the respondent, returnable within four weeks, on taking steps within a week. CMPST No.58388 of 2024 7. Notice in the aforesaid terms 8. During pendency of appeal, operation of judgment passed by learned Single Judge in CWP No.661 of 2024, titled as Shri Devender Kumar Versus the State of Himachal Pradesh and another, decided on 29.08.2024, shall remain stayed. The application stands disposed of. (G.S. Sandhawalia) Chief Justice (Ranjan Sharma) Judge August 27, 2025 (Bhardwaj/Himani)