STATE OF UTTARAKHAND Vs. ATAL BIHARI

JUDGEMENT

(1.) This is an application for condonation of delay and extension of time in filing of the instant Special Appeal, filed under Rule 5 of Chapter VIII of Allahabad High Court Rules, 1952, against the Judgment and Order dated 03.05.2017, passed in Writ Petition (S/S) No. 1867 of 2011, Atal Bihari Vs. State of Uttarakhand and others, which is barred by limitation of 746 days.

(2.) We have heard the learned counsel for the appellants and learned counsel for the respondent.

(3.) The learned counsel for the appellants (respondents in writ petition) submitted that the copy of Judgment and Order under appeal dated 03.05.2017 was received by the Additional Director, Secondary Education, Garhwal Mandal, Pauri through letter dated 14.07.2017 of Chief Education Officer, Tehri Garhwal. The Secondary Education Section of the Government vide letter dated 06.11.2017 directed to the department for taking action in the matter. After receiving the letter dated 06.11.2017, the Director vide letter dated 18.11.2017 directed to the Chief Education Officer to take action. After receiving the letter dated 18.11.2017, the Chief Education Officer vide letter dated 01.12.2017 sought directions from the Directorate for taking further action. The Director, Secondary Education, Uttarakhand, Dehradun directed to the Chief Education Officer vide letter dated 28.12.2017 to enquire in the matter through SIT. The Chief Education Officer, Tehri vide letter dated 20.01.2018, apprised to the Director, Secondary Education, Uttarakhand, Dehradun regarding the fact that the petitioner is not providing the original certificates to his office. The Director, Secondary Education, Uttarakhand, Dehradun vide letter dated 22.01.2018 again wrote a letter for SIT inquiry in the matter. The Director, Secondary Education vide letter dated 20.04.2018 directed to the Chief Education Officer, Tehri for providing the copy of the counter affidavit to his office. The Chief Education Officer, Tehri vide letter dated 21.04.2018 submitted the copy of the counter affidavit in the office of Director, Secondary Education, Uttarakhand, Dehradun. The Director General, School Education, Uttarakhand, Dehradun vide letter dated 06.09.2018 directed to the Director, Secondary Education to take action in regard to the payment of salary of the petitioner as per Rules. The department after preparing a proposal for filing Special Appeal against the Judgement and Order dated 03.05.2017, sent the same to the Government. The Law Department of the Government accorded sanction to file Special Appeal against the Judgment and Order under Appeal on 04.12.2018. After receiving the sanction the Director vide letter dated 12.12.2018 sent all the necessary papers to the Additional Director of Education, Garhwal Region, Pauri to file the Special Appeal. The Director, Secondary Education vide letter dated 21.02.2019 sent the narrative in regard to the condonation of delay to the Additional Director, Secondary Education, Garhwal Mandal, Pauri. After receiving the necessary directions from the higher authorities, one Official Pairokar was deputed for filing Special Appeal. The Official Pairokar approached to the office of the Chief Standing Counsel on 28.02.2019. After going through the records, it was found that the ground of delay were not properly explained by the department, therefore, a letter was written to the department for sending proper narrative. The office of the Director, on 27.03.2019, sent the amended narrative of the delay condonation application and, after going through the same the affidavit explaining the delay was prepared on 05.04.2019 and appeal has been filed without there being any further delay.