RSA No.850 of 2026 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA 134 STATE OF HARYANA AND ORS. STATE OF HARYANA AND ORS. STATE OF HARYANA AND ORS. STATE OF HARYANA AND ORS. Vs Vs Vs Vs DHARAMPAL DHARAMPAL DHARAMPAL DHARAMPAL CORAM: CORAM: CORAM: CORAM: HON'BLE MR. JUSTICE HARKESH MANUJ HON'BLE MR. JUSTICE HARKESH MANUJ HON'BLE MR. JUSTICE HARKESH MANUJ HON'BLE MR. JUSTICE HARKESH MANUJ Present: Mr. for the appellant Mr. Mukesh Yadav, Advocate for the respondent. HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) [1]. By way of present appeal, challenge has been laid to the judgment and decree dated 24.09.2025 Narnaul (hereinafter to be referred as the appeal filed at the instance of appellant decree dated 31.01.2020 Division), Narnaul decreeing the suit for being barred by limitation the learned Trial Court. [2]. In the present case, a suit for declaration filed at the instance of the respondent-plaintiff was partly decreed by the learned Trial Court vide judgment and decree dated 31.01.2020. The relevan extracted hereunder: RSA No.850 of 2026 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH RSA No. RSA No. RSA No. RSA No.850 850 850 850 Date of Decision: Date of Decision: Date of Decision: Date of Decision: STATE OF HARYANA AND ORS. STATE OF HARYANA AND ORS. STATE OF HARYANA AND ORS. STATE OF HARYANA AND ORS. HON'BLE MR. JUSTICE HARKESH MANUJ HON'BLE MR. JUSTICE HARKESH MANUJ HON'BLE MR. JUSTICE HARKESH MANUJ HON'BLE MR. JUSTICE HARKESH MANUJ Mr. R.P.S. Brar, Asstt. A.G., Haryana for the appellants. Mr. Mukesh Yadav, Advocate for the respondent. **** HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) By way of present appeal, challenge has been laid to the judgment and 24.09.2025 passed by the Court of (hereinafter to be referred as the ““““First Appellate Court First Appellate Court First Appellate Court First Appellate Court appeal filed at the instance of appellants-defendants 31.01.2020 passed by the Court of learned Civil Judge (Junior Narnaul (hereinafter to be referred as the the suit for declaration filed by the respondent being barred by limitation; thereby affirming the rial Court. In the present case, a suit for declaration filed at the instance of the plaintiff was partly decreed by the learned Trial Court vide judgment and decree dated 31.01.2020. The relevant portion from the decree sheet is extracted hereunder:- IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH 850 850 850 850 of of of of 202 202 202 2026666 (O&M) (O&M) (O&M) (O&M) Date of Decision: Date of Decision: Date of Decision: Date of Decision: 01 01 01 01.0.0.0.07777.202 .202 .202 .2026666 ...... ...... ...... ......Appellant Appellant Appellant Appellantssss ....Respondent ....Respondent ....Respondent ....Respondent((((ssss)))) HON'BLE MR. JUSTICE HARKESH MANUJ HON'BLE MR. JUSTICE HARKESH MANUJ HON'BLE MR. JUSTICE HARKESH MANUJ HON'BLE MR. JUSTICE HARKESH MANUJAAAA R.P.S. Brar, Asstt. A.G., Haryana By way of present appeal, challenge has been laid to the judgment and Court of learned Additional District Judge, First Appellate Court First Appellate Court First Appellate Court First Appellate Court””””), whereby an defendants against the judgment and Court of learned Civil Judge (Junior (hereinafter to be referred as the ““““TTTTrial Court rial Court rial Court rial Court””””)))); partly filed by the respondent-plaintiff, was dismissed ; thereby affirming the judgment and decree passed by In the present case, a suit for declaration filed at the instance of the plaintiff was partly decreed by the learned Trial Court vide judgment t portion from the decree sheet is 1 By way of present appeal, challenge has been laid to the judgment and learned Additional District Judge, ), whereby an against the judgment and Court of learned Civil Judge (Junior partly , was dismissed d decree passed by In the present case, a suit for declaration filed at the instance of the plaintiff was partly decreed by the learned Trial Court vide judgment t portion from the decree sheet is MOHMED ATIK 2026.07.03 14:50 I attest to the accuracy and authenticity of this order/judgment RSA No.850 of 2026 (O&M) hereby partly decreed with no order as to costs to the effect that plaintiff is entitled for notional promotion from deemed dat and arrears of pay from actual date of his promotion at par with his juniors of reserve category alongwith interest at the rate of 8% per annum. It is however made clear that the plaintiff shall not be entitled for payment of arrears of salary payable promotion and the actual date of promotion and his pay be fixed notionally from the date of his promotion.” [3]. Being aggrieved, the appellants/defendants assailed the aforementioned judgm First Appeal (C.A. No.262 of 2023) was filed on 24.08.2023 along with an application for seeking condonation of delay of learned First Appellate Court prayer made by the appellant with respect to condonation of delay in filing the First Appeal and resultantly, the first appeal was also dismissed Regular Second Appeal. [4]. I have heard learned counsel paper book. [5]. A perusal of the record shows that the suit preferred at the instance of the respondent-plaintiff was partly decreed in his favour by the learned Trial Court vide its judgment and decree dated the same was preferred on 24.08.2023 along with an application for condonation of delay of 02 years and 11 months. office of Legal Remembrance vide its communication dated 20.03.2020 opined that the present was not a fit case for filing of Regular Second Appeal RSA No.850 of 2026 (O&M) “It is ordered that the suit of plaintiff must succeed and the same is hereby partly decreed with no order as to costs to the effect that plaintiff is entitled for notional promotion from deemed dat and arrears of pay from actual date of his promotion at par with his juniors of reserve category alongwith interest at the rate of 8% per annum. It is however made clear that the plaintiff shall not be entitled for payment of ears of salary payable for the period between the dee promotion and the actual date of promotion and his pay be fixed notionally from the date of his promotion.” Being aggrieved, the appellants/defendants assailed the aforementioned judgment and decree before the learned First Appellate Court. The First Appeal (C.A. No.262 of 2023) was filed on 24.08.2023 along with an application for seeking condonation of delay of learned First Appellate Court, vide its decision prayer made by the appellant with respect to condonation of delay in filing the and resultantly, the first appeal was also dismissed Regular Second Appeal. I have heard learned counsel for the parties and gone through the A perusal of the record shows that the suit preferred at the instance of plaintiff was partly decreed in his favour by the learned Trial Court vide its judgment and decree dated 31.01.2020, whereas the First Appeal against the same was preferred on 24.08.2023 along with an application for condonation of delay of 02 years and 11 months. As per the appellants/defendants, initially the office of Legal Remembrancer and Administrative Secreta vide its communication dated 20.03.2020 opined that the present was not a fit case of Regular Second Appeal, however, later, on the advice rendered by the “It is ordered that the suit of plaintiff must succeed and the same is hereby partly decreed with no order as to costs to the effect that plaintiff is entitled for notional promotion from deemed date with fixation notionally and arrears of pay from actual date of his promotion at par with his juniors of reserve category alongwith interest at the rate of 8% per annum. It is however made clear that the plaintiff shall not be entitled for payment of for the period between the deemed date of promotion and the actual date of promotion and his pay be fixed notionally Being aggrieved, the appellants/defendants assailed the ent and decree before the learned First Appellate Court. The First Appeal (C.A. No.262 of 2023) was filed on 24.08.2023 along with an application for seeking condonation of delay of 02 years and 11 months. The on dated 24.09.2025, rejected the prayer made by the appellant with respect to condonation of delay in filing the and resultantly, the first appeal was also dismissed. Hence the present for the parties and gone through the A perusal of the record shows that the suit preferred at the instance of plaintiff was partly decreed in his favour by the learned Trial Court 020, whereas the First Appeal against the same was preferred on 24.08.2023 along with an application for condonation of s per the appellants/defendants, initially the r and Administrative Secretary to Govt. Haryana vide its communication dated 20.03.2020 opined that the present was not a fit case , however, later, on the advice rendered by the 2 “It is ordered that the suit of plaintiff must succeed and the same is hereby partly decreed with no order as to costs to the effect that plaintiff is e with fixation notionally and arrears of pay from actual date of his promotion at par with his juniors of reserve category alongwith interest at the rate of 8% per annum. It is however made clear that the plaintiff shall not be entitled for payment of ed date of promotion and the actual date of promotion and his pay be fixed notionally Being aggrieved, the appellants/defendants assailed the ent and decree before the learned First Appellate Court. The First Appeal (C.A. No.262 of 2023) was filed on 24.08.2023 along with an 02 years and 11 months. The rejected the prayer made by the appellant with respect to condonation of delay in filing the . Hence the present for the parties and gone through the A perusal of the record shows that the suit preferred at the instance of plaintiff was partly decreed in his favour by the learned Trial Court 020, whereas the First Appeal against the same was preferred on 24.08.2023 along with an application for condonation of s per the appellants/defendants, initially the ry to Govt. Haryana vide its communication dated 20.03.2020 opined that the present was not a fit case , however, later, on the advice rendered by the MOHMED ATIK 2026.07.03 14:50 I attest to the accuracy and authenticity of this order/judgment RSA No.850 of 2026 (O&M) District Attorney of the concerned department, the matter departmental legal cell on 10.11.202 approval was granted by the office of Director, Secondary Education, Haryana, Panchkula on 21.11.202 24.08.2023. [6]. In such circumstances, even if the reasons expressed by the appellants/defendants in their application for seeking years 11 months in filing the appeal, disclose any sufficient cause w Once the opinion to file First Appeal was Attorney of the accorded by the office 21.11.2022, there was no valid reason or explanation given by the appellants/defendants for having Appeal only on 24.08.2023. bonafide and, therefore, no special treatment can be afforded. In fact, the appellants acted without reasonable diligence. [7]. In view of the discussion made hereinabove, cause made out of Civil Appeal No.262 of 2023 before the learned First Appellate Court against the judgment and decree dated 31.01.2020 passed by the learned Trial Court in favour of the respondent and decree date which the application preferred at the instance of the appellants/defendants for condonation of delay of 02 years and 11 months in filing the First Appeal RSA No.850 of 2026 (O&M) District Attorney of the concerned department, the matter departmental legal cell on 10.11.2022 for filing ci granted by the office of Director, Secondary Education, Haryana, Panchkula on 21.11.2022 and accordingly In such circumstances, even if the reasons expressed by the appellants/defendants in their application for seeking years 11 months in filing the appeal, were accepted on face value, the same disclose any sufficient cause warranting condonation of such an inordinate delay Once the opinion to file First Appeal was rendered Attorney of the concerned Department on 10.11.2022 and the approval was accorded by the office of Director, Secondary Education, there was no valid reason or explanation given by the appellants/defendants for having waited for another 09 months in filing the First Appeal only on 24.08.2023. The appellants’ action clearly demonstrate a lack of and, therefore, no special treatment can be afforded. In fact, the appellants acted without reasonable diligence. In view of the discussion made hereinabove, se made out by the appellants/defendants towards of Civil Appeal No.262 of 2023 before the learned First Appellate Court against the judgment and decree dated 31.01.2020 passed by the learned Trial Court in our of the respondent-plaintiff; no interference is called and decree dated 24.09.2025 passed by the learned First Appellate Court vide which the application preferred at the instance of the appellants/defendants for condonation of delay of 02 years and 11 months in filing the First Appeal District Attorney of the concerned department, the matter was sent to for filing civil appeal. In pursuance thereof, granted by the office of Director, Secondary Education, Haryana, the First Appeal was filed on In such circumstances, even if the reasons expressed by the appellants/defendants in their application for seeking condonation of delay of 02 accepted on face value, the same do not arranting condonation of such an inordinate delay rendered by the office of District Department on 10.11.2022 and the approval was Director, Secondary Education, Haryana, Panchkula on there was no valid reason or explanation given by the another 09 months in filing the First The appellants’ action clearly demonstrate a lack of and, therefore, no special treatment can be afforded. In fact, the In view of the discussion made hereinabove, there being no sufficient the appellants/defendants towards condonation of delay in filing of Civil Appeal No.262 of 2023 before the learned First Appellate Court against the judgment and decree dated 31.01.2020 passed by the learned Trial Court in no interference is called for with the judgment 24.09.2025 passed by the learned First Appellate Court vide which the application preferred at the instance of the appellants/defendants for condonation of delay of 02 years and 11 months in filing the First Appeal stood 3 the In pursuance thereof, granted by the office of Director, Secondary Education, Haryana, the First Appeal was filed on In such circumstances, even if the reasons expressed by the condonation of delay of 02 do not arranting condonation of such an inordinate delay. District Department on 10.11.2022 and the approval was yana, Panchkula on there was no valid reason or explanation given by the another 09 months in filing the First The appellants’ action clearly demonstrate a lack of and, therefore, no special treatment can be afforded. In fact, the there being no sufficient delay in filing of Civil Appeal No.262 of 2023 before the learned First Appellate Court against the judgment and decree dated 31.01.2020 passed by the learned Trial Court in judgment 24.09.2025 passed by the learned First Appellate Court vide which the application preferred at the instance of the appellants/defendants for stood MOHMED ATIK 2026.07.03 14:50 I attest to the accuracy and authenticity of this order/judgment RSA No.850 of 2026 (O&M) dismissed. Consequently, dismissed, thereby below. [8]. All pending application July July July July 01 01 01 01, , , , 202 202 202 2026666 Atik Whether speaking/reasoned Whether reportable RSA No.850 of 2026 (O&M) Consequently, the present appeal being devoid of merits is hereby thereby upholding the judgment and decrees passed by the Courts All pending application(s), if any, shall stand disposed of. Whether speaking/reasoned Yes/No Whether reportable Yes/No the present appeal being devoid of merits is hereby upholding the judgment and decrees passed by the Courts , if any, shall stand disposed of. (HARKESH MANUJA) (HARKESH MANUJA) (HARKESH MANUJA) (HARKESH MANUJA) JUDGE JUDGE JUDGE JUDGE 4 the present appeal being devoid of merits is hereby upholding the judgment and decrees passed by the Courts MOHMED ATIK 2026.07.03 14:50 I attest to the accuracy and authenticity of this order/judgment