STATE OF UTTAR PRADESH Vs. SITA RAM

JUDGEMENT

(1.) The present intra-Court appeal has been filed by the State impugning the order dated July 30, 2019. Along with the appeal appeal, an application has been filed seeking condonation of delay in filing thereof. The period for which the delay is sought to be condoned is not mentioned in the application. However, as calculated by the Registry, it comes to 948 days, i.e., more than two years and seven months.

(2.) Learned counsel for the applicants/appellants, while trying to make out a case for condonation of huge delay of more than two years and seven months in filing the appeal, referred to the affidavit filed in support of the application seeking condonation of delay. He submitted that it was on account of bureaucratic set up and impersonal machinery which resulted in delay in filing the present appeal. One of the reasons is also Covid-19 pandemic. The submission is that the case otherwise is meritorious. The learned Single Judge has allowed the prayer for change of date of birth at the fag end of the career of the respondent-employee which is totally in contravention of judgments of Hon'ble the Supreme Court. Reliance is placed on the judgment of Hon'ble Supreme Court in Bharat Coking Coal Limited and others Vs. Shyam Kishore Singh (2020) 3 SCC 411, wherein relying on the earlier authorities on the issue, it was observed:

(3.) In view of above, it is submitted that the present appeal being meritorious, the delay in filing the appeal be condoned and the appeal be allowed.