LPA 447 of 2001 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. LPA No. 447 of 2011 (O&M) Date of decision 9 .3.2011 Ramesh Kumar ... Appellant Versus Tika Ram Education Society and others ... Respondents. CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MR. JUSTICE T.P.S. MANN Present: Mr. Rajbir Sehrawat, Advocate for the appellant 1. To be referred to the Reporter or not ? 2. Whether the judgement should be reported in the Digest ? M.M.KUMAR, J. This appeal filed under Clause X of the Letters Patent is directed against judgement dated 1.2.2010 rendered by the learned Single Judge holding that the appellant was working against a non sanctioned post and the whole burden of his salary etc. fell on the Tika Ram Education Society who was his employer. Once the posting of the appellant was against a non sanctioned post then his employment was completely private in nature. The learned Single Judge has also found that the appellant was entitled to arrears of salary from the date of his appointment on 22.2.1994 to 9.9.2000 on the principle emerging out of quasi contract if such salary was not paid. The same is directed to be calculated and paid with interest @ 6 percent per annum. We have heard learned counsel for the appellant at a considerable length and find that the nature of employment of the appellant is totally in the private hands since there was no sanctioned post to withdraw his salary. The learned Single Judge has taken compassionate LPA 447 of 2001 (O&M) 2 view by releasing his salary for the aforesaid period alongwith interest. Moreover, it is conceded position that the impugned judgement has already been assailed in LPA Nos. 467, 468, 549, 1346 and 1348 of 2010 and the appeals have been dismissed on 17.11.2010. Accordingly, the instant appeal fails and the same is dismissed. In view of the fact that the appeal has been dismissed on merits, we do not propose to pass any order on the application seeking condonation of 361 days in re-filing the appeal. (M.M.Kumar) Judge (T.P.S. Mann) 9.3.2011 Judge okg