Interlocutory application seeking condonation of a 443-day delay in filing a writ appeal against a Single Judge's order on pension-related service matters of retired college staff. The court allowed the prayer, condoned the delay, and directed the Registry to register and list the appeal for admission.
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GAHC010133142024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/2131/2024
NARENDRA PRATAP SINGH AND 2 ORS.
S/O LATE VISHWANATH SINGH, RETIRED PROFESSOR, KOKRAJHAR, GOVERNMENT COLLEGE, (PREVIOUSLY KOKRAJHAR COLLEGE), P.O. AND DIST. KOKRAJAHR, ASSAM.
2: SURATH NARZARY
S/O LATE PATHAK CHANDRA NARZARY
RETIRED PRINCIPAL KOKRAJHAR GOVT. COLLEGE (PREVIOUSLY KOKRAJHAR COLLEGE)
P.O. AND DIST. KOKRAJHAR ASSAM.
3: BELA DAS
W/O LATE S.C. DAS
RETIRED HEAD OF THE DEPARTMENT DEPARTMENT OF CHEMISTRY KOKRAJHAR GOVT. COLLEGE (PREVIOUSLY KOKRAJHAR COLLEGE P.O. AND DIST. KOKRAJHAR ASSAM
VERSUS
THE STATE OF ASSAM AND 4 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, EDUCATION (HIGHER) DEPARTMENT, ASSAM, DISPUR, GUWAHATI-6.
2:THE DIRECTOR OF HIGHER EDUCATION
ASSAM KAHILIPARA
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GUWAHATI -19.
3:THE ACCOUNTANT GENERAL (A AND E) ASSAM.
4:THE DIRECTOR OF PENSION GOVT. OF ASSAM.
5:THE PRINCIPAL KOKRAJHAR GOVERNMENT COLLEGE KOKRAJHAR P.O. P.S. AND DIST.- KOKRAJHAR ASSAM
For the applicants : Ms. A. Begum, Advocate For the respondents : Mr. N. Das, Govt. Advocate, Assam Mr. S. Das, S.C., Higher Education Mr. R.K. Talukdar, S.C., A.G.
– B E F O R E –
HON’BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR
08-11-2024
(Vijay Bishnoi, C.J.)
The matter comes up for consideration of IA(Civil) 2131/2024 filed under Section 5 of the Limitation Act, 1963 with the prayer for condonation of delay of 443 days in filing the connected writ appeal against the judgment and order dated 21.03.2023 passed by the learned Single Judge in WP(C) 620/2018.
It is stated in the application that against the impugned judgment and order, the applicants have preferred a review petition before the learned Single Judge. However, the same was later on withdrawn. It is also stated that the applicants are old aged persons and on account of age related ailments, they were not prompt in filing the connected writ appeal. It is further stated that the
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applicant No.1 went to Bengaluru where his son is serving for urgent family affairs and he came back from Bengaluru only in the month of April, 2024 and then he contacted his counsel. It is, therefore, prayed that the delay in filing the connected appeal may kindly be condoned.
Learned counsel for the respondents have opposed the application and argued that the delay in filing the connected writ appeal has not been explained satisfactorily. Therefore, the same cannot be condoned.
Having heard the learned counsel appearing for the parties and after taking into consideration the averments made in paragraph 8 of the application, we deem it appropriate to allow the prayer for condonation of delay.
Accordingly, the delay of 443 days in filing the connected writ appeal is condoned.
The interlocutory application is disposed of.
Registry is directed to register the connected writ appeal and list the same before this Court after four weeks for admission.
JUDGE CHIEF JUSTICE
Comparing Assistant
1 issue framed by the court
Whether the 443-day delay in filing the writ appeal against the judgment dated 21.03.2023 in WP(C) 620/2018 should be condoned.
1 provisions across 1 enactments
Narendra Pratap Singh
Surath Narzary
Bela Das
The State of Assam
The Director of Higher Education, Assam
The Accountant General (A and E), Assam
Vijay Bishnoi
N. Unni Krishnan Nair
As recorded by the court registry
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