STATE OF GUJARAT Vs. MAHASWETABEN M JOSHI

JUDGEMENT

(1.) These applications are preferred under Section 5 of the Limitation Act seeking the condonation of delay of 824 days in filing the Letters Patent Appeal. The appellants are the original respondent Nos.1 to 3, who were aggrieved by the judgment and order passed in Special Civil Application 10209 of 2014 and other allied matters on 02.05.2017.

(2.) It is urged that the order impugned was received by the authority on 04.07.2017 and thereafter, the opinion in this regard was sought for by the applicant authorities from the office of Government Pleader on 10.07.2017, which was sent on 24.07.2017. Considering the financial burden such opinion was given and thereafter, the original petitioners were transferred to the Department of Women and Child Development. Hence, the opinion of the concerned department with regard to the payment was also sought on 15.09.2017. The same was given on 25.09.2017. The office of the applicant authority also called for further details for payment from respective departments on 27.12.2017 and then the proposal was sent to the Finance Department on 20.02.2018. The file had been sent by the Finance Department to the respective branches on 01.03.2018, and 06.03.2018 where it sought the opinion of the Legal Department on 14.03.2018, the probable date of payment also was sought from Social Welfare Department on 20.03.2018 which was sent on 10.04.2018 and the proposal in this regard was sent to the Finance Department on 16.04.2018. This was sent back by the Finance Department on 19.04.2018.

(3.) On 28.05.2018, a decision was taken to challenge the order of learned Single judge by filing appropriate Letters Patent Appeal and therefore, the proposal in this regard has been sent on 13.06.2018. The proposal for filing the Letters Patent Appeal was once again called for on 28.08.2018 and the opinion in this regard was sought from the office of Government Pleader on 30.08.2018. The files were thereafter called for by the Legal Department on 29.10.2018 and a proposal was received to make the payment to the petitioners from the date of their joining the department on 01.01.2019. Thus, initially, the decision was to accept the oral judgment of the learned Single Judge. However, as the applicant State was determined to challenge the judgment, permission was sought from the office of the Hon'ble the Chief Minister and permission was finally obtained on 05.07.2019. It is, therefore, urged by the petitioners that there had been a delay as the papers were sent to the office of the Government Pleader on 15.07.2019 and the draft was prepared and the same was accordingly filed.