STATE OF ODISHA Vs. ASIMA SATPATHY

JUDGEMENT

(1.) This is an application filed by the appellants seeking condonation of delay of around 3544 days in filing of the appeal in question.

(2.) It is contended that GIA Case No.34 of 2006 was filed by the respondent No.1 seeking approval of her services and release of grant-in- aid as admissible under law. The Tribunal vide its judgment dtd.6/2/2010 allowed the claim of respondent No.1 with a direction to approve her services as against the 6th post of Lecturer in History w.e.f. 10/12/1993 and to extend the benefit of grant-in-aid @ 1/3rd w.e.f. 10/12/1998, 2/3rd w.e.f. 210.12.2000 and full salary cost w.e.f. 10/12/2002.

(3.) Mr. N. Nayak, learned counsel appearing for the Respondent on the other hand made his submission contending inter alia that even though G.I.A Case was disposed of by the Tribunal vide judgment dtd.6/2/2010, but the present appeal was only filed on 23/12/2019, with delay of around 3544 days. But no sufficient cause has been shown by the State-Appellant for such inordinate delay, save and except taking a plea that the judgment passed by the Tribunal on 6/2/2010 was forwarded to the Department only vide letter dtd.9/1/2018 and on receipt of the order, Director, Secondary Education was immediately requested to furnish eligibility report vide letter dtd.18/1/2018. After receipt of the report from Appellant No.2 vide letter dtd.4/8/2018, the matter was returned to law Department on 28/9/2018. Even though Law Department sent back the file on 7/1/2019 raising some objection, but the file was ultimately sent to appellant No.1 on 25/11/2019 and the appeal accordingly was filed on 23/12/2019.