STATE OF WEST BENGAL Vs. NAMITA BARUI

JUDGEMENT

(1.) The respondents in W.P. 8694(W) of 2015 ( Namita Barui vs. The State of West Bengal & Ors .) are the appellants before us. They have carried in appeal an order dated May 02, 2016 passed by a learned Judge of this Court whereby such writ petition was disposed of by directing the Joint Secretary to the Government of West Bengal, Department of Panchayats and Rural Development to immediately appoint the writ petitioner in a suitable post irrespective of any waiting list, as per the recommendation of the Commissioner, Panchayats and Rural Development, West Bengal dated December 11, 2012 within three months of communication of the order. The reason assigned by the learned Judge for making such a direction is evident from the second paragraph of the order, which we quote below:

(2.) As is usual, the appeal is barred by delay. The delay is not negligible. The appeal is delayed by almost 02 years. An application (C.A.N. 5656 of 2018) has been taken out by the appellants seeking condonation of such delay. The writ petitioner has contested the application by filing an affidavit-in-opposition. It is her claim that no case has been set up for condonation of delay and, therefore, the appeal ought to be dismissed as time-barred.

(3.) We have perused the documents on record. Indeed, there is a certain lack of diligence on the part of the appellants to pursue the matter; yet, having regard to the submissions made by Mr. De, learned senior Government advocate on the merit of the appeal, which we shall refer to at a later part of this judgment and order, we consider it just and proper to condone the delay in tender of the appeal. The delay in tender of the appeal, thus, stands condoned.