9911796707
TMI Blog1999 (10) TMI 751X X X X Extracts X X X X X X X X Extracts X X X X ..... has been promoted to the selection post as Assistant Legislative Draftsman (Hindi) class II (gazetted) on being recommended by the Departmental promotion Committee. Civil Appeal No. 3120 of 1997 is filed by the State of Himachal Pradesh. 2. Feeder cadre to the selection post is Translator-cum-Legal Assistant. Under the relevant rules called Recruitment and Promotion Rules framed by the Government of Himachal Pradesh prescribed the condition precedent of at least three years experience in a feeder cadre i.e. Translator-cum-Legislative Assistant or Proof Reader. The Government of Himachal Pradesh accepted the recommendation of the DPC and promoted Ramesh Chand Sharma, the appellant as Assistant Legislative Draftsman (Hindi) class-II (Ga ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... meeting on 16th February, 1991 on perusal of the service record of Ramesh Chand Sharma and Udham Singh Kamal found that the later did not fulfil the condition of three years experience in the feeder cadre and, therefore, vide its letter dated 22nd April, 1991 selected and recommended Ramesh Chand Sharma for being appointed as Assistant Legislative Draftsman (Hindi) class II (Gazetted). 3. The first respondent Udham Singh Kamal on 1st May, 1991 submitted his representation to the Deputy Secretary (SAD) to the Government of Himachal Pradesh which came to be rejected on 2nd July, 1991 by the government on the ground that since he did not possess three years experience, he is not eligible. In the mean time, vide notification dated April 22, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se (a) of Sub-section (2) of Section 20 has been made in connection with the grievance unless the application is made, within one year from the date on which such final order has been made; (b) in a case where an appeal or representation such as is mentioned in Clause (b) of Sub-section (2) of Section 20 has been made and a period of six months had expired thereafter without such final order having been made, within one year from the date of expiry of the said period of six months. (2)x x x (3) Notwithstanding anything contained in Sub-section (1) or Sub-section (2), an application may be admitted after the period of one year specified in Clause (a) or Clause (b) of Sub-section (1) or, as the case may be, the period of six months s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uld be considered. It is in these circumstances, he did not file O.A. at an early date. If there be any delay, the same may be condoned. 7. On perusal of the materials on record and after hearing counsel for the parties, we are of the opinion that the explanation sought to be given before us cannot be entertained as no foundation thereof was laid before the Tribunal, It was open to the first respondent to make proper application under Section 21(3) of the Act for condonation of delay and having not done so, he cannot be permitted to take up such contention at this late stage. In our opinion, the O.A. filed before the Tribunal after the expiry of three years could not have been admitted and disposed of on merits in view of the statutory p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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