DHIRENDRA CHANDRA ROY Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) Applicants approached this Court by way of this instant application under section 5 of the Limitation Act, 1963 read with Sec. 2(2) of the Gauhati High Court (The High Court of Assam, Nagaland, Meghalaya, Manipur, Tripura, Mizoram and Arunachal Pradesh)Rules, 1992 for condonation of delay of 618 days in filing accompanying writ appeal being W.A. No.(SH) 19 of 2012.

(2.) Applicants' case, in nut shell is that, the pay and allowances of the applicants are being paid by the Accountant General as per the appointment letter, when they were deprived of, they filed a writ petition bearing W.P.(C) No. 252(SH) of 2005 and the same was dismissed vide judgment and order dated 12.10.2010. Being aggrieved by the said judgment and order, applicants desire to file an appeal before the Division Bench of this High Court and since 618 days' delay has caused to file the accompanying writ appeal, petitioners/applicants has filed the instant miscellaneous application, which has been registered as Misc.Case(WA) No.SH 263 of 2012.

(3.) Heard the learned counsel for the petitioners/applicants, Mr.SK Deb Purkaystha, who submitted that the petitioners/applicants could not file the appeal in time due to some unavoidable circumstances, which he has categorically stated in his application for condonation of delay at para-3. The averments made in para-3 of the said miscellaneous application is reproduced herein-below: