LAWS(UTN)-2011-7-180

RASHMI NEGI Vs. STATE OF UTTARAKHAND AND ORS.

Decided On July 21, 2011
Rashmi Negi Appellant
V/S
State of Uttarakhand And Ors. Respondents

JUDGEMENT

(1.) CLMA No. 8160 of 2010 (Delay Condonation Application)

(2.) CONSIDERING the averments made in the application for condonation of delay in preferring the appeal and being satisfied with the reasons furnished therein, we allow the application for condonation of delay in filing the appeal.

(3.) THE learned Counsel sought to rely upon a letter received by his client subsequent to rendition of the judgment and order under appeal and wanted an opportunity to file the same. We have considered the said letter which too has been written by the District Inspector of School and where an indication has been given that the Petitioner was substantively promoted to the post of Assistant Teacher of the Senior Basic School with effect from August, 1995 but the fact remains that the said order too does not indicate that the Appellant was so promoted on the basis of selection made by the Selection Committee in terms of the Rules governing the service conditions of such teachers. That being the case, there is no scope of alteration of the situation. We, accordingly, dismiss the appeal.