UNION TERRITORY OF JK Vs. NISSAR AHMAD ITOO

JUDGEMENT

(1.) The Government of the Union Territory of Jammu and Kashmir, through Commissioner/ Secretary to Government, School Education Department, has filed this application seeking the indulgence of this Court in condoning the delay of 691 days in filing the appeal against the Judgment dated 12th of February, 2018 passed in SWP No. 1272/2014 along with connected matters, inter alia, on the grounds that after the receipt of the copy of the Judgement dated 12th of February, 2018 passed by the learned single Judge in the Petition filed by the respondents herein/ Writ Petitioners, the same was scanned at various levels to derive satisfaction on the count whether or not the appeal is to be filed. After going through the entire record of the case, the matter was referred to the Department of Law, Justice & Parliamentary Affairs for its views and the Department of Law, Justice & Parliamentary Affairs, opined that an appeal be filed against the impugned Judgement passed by the learned Single Judge.

(2.) The applicants have proceeded to state that in the aforesaid process, there was a delay of few months caused due to administrative exigencies. It has further been stated that the Department of Law, Justice & Parliamentary Affairs, accorded sanction for filing of LPA vide its letter 2 nd of January, 2020 followed by communication dated 27th of January, 2020. After the receipt of the sanction from the Department of Law, Justice & Parliamentary Affairs, coupled with obtaining of necessary records, the matter is stated to have been submitted to the Counsel representing the applicants at the relevant point of time, who, thereafter, swung into action and filed the appeal along with application seeking condonation of delay. It has further been pleaded that the appeal has an important bearing as far as the interests of the applicants are concerned and that, in case the delay in filing of appeal is not condoned, it will cause great prejudice to the applicants. It has further been averred that the settled position of law is that since the decisions at the Government level are taken at a slow pace, therefore, some amount of latitude has to be given to it and the Government cannot be equated and treated on par with the private parties in the matter of condonation of delay. The application is buttressed with an Affidavit.

(3.) On notice having been issued, the Respondents/ Writ Petitioners have filed their objections in opposition to the application filed by the applicants seeking condonation of delay, wherein it has been submitted that the application filed by the applicants is cryptic inasmuch as there is no ground, much less a sufficient one, for the Condonation of Delay, therefore, the application is liable to be dismissed. It is further stated that in view of the Judgement dated 12th of February, 2018, the applicants/ Respondents before the Writ Court were obliged in law to consider the case of the Respondents herein/ Writ Petitioners for giving them the benefit of regularization/ absorption against the Class-IV posts in terms of and from the date when SRO 308 of 2008 was issued with all the consequential benefits attached thereto as has been done in respect of the contingent paid workers of District Anantnag, who were regularized in service in terms of the Order No. 1037 of 1992 dated 7th of January, 1992. It is pleaded that the applicants did not do so and slept over the matter for a long time. In the end, it has been urged that the applicants have no case on merits and that, in case the Judgement dated 12th of February, 2018 is tampered or tinkled, the respondents/ Writ Petitioners will not be able to harvest the fruits of litigation.