‘Merit-less’ cases: Haryana’s top law officer summoned

CHANDIGARH: Upset over the tendency of filing appeals by official of Haryana government in the cases termed as ‘merit-less’ by the advocate general (AG) office, the Punjab and Haryana high court has directed the top legal officer of the state, legal remembrancer (LR), to appear before the court.
HC also asked the engineer-in-chief of the department of public health and engineering, which had filed the appeal against a single bench order despite the fact that the AG officer had termed the case as ‘not fit’ for appeal.Both officers have been asked to appear in person on Tuesday to explain their position on the issue.
A division bench comprising Chief Justice Krishan Murari and Justice Arun Palli passed these orders while hearing an appeal filed by the department challenging the November 22, 2017, orders passed by a single bench of the HC. “The tendency of the officials of state to file appeals in a merit-less case despite settled legal proposition is an issue which requires consideration. Such cases not only waste the precious time and energy of the court but also add to already overburdened docket of this court,” observed the division bench.
The single bench had directed the department of public health and engineering for payment of payscale of the post of sub-divisional engineer (SDE) for the period they were given the current duty charge against the vacant sanctioned posts prior to their regular promotions from the post of junior engineer (JE). The state was given a time of two months to give the benefits to the petitioner employees.
The department, however, has been denying these benefits on the grounds that these JEs were given current duty charge (CDS) of sub-divisional engineer against vacant posts meant for direct recruitment with the condition that they would not claim seniority of the CDC.
Aggrieved from the single bench’s order the department had decided to file an appeal against November 2017, orders. However, the AG office Haryana found the case as ‘merit-less’ and ‘unfit’ for appeal because of delay of 146 days. Despite opinion of the AG, the department preferred to file an appeal.