VINOD KUMAR Vs. STATE OF J & K

JUDGEMENT

(1.) The present intra Court appeal has been filed against the order of the learned Single Judge dtd. 3/7/2018. Vide the aforesaid order the writ petition filed by the petitioner was dismissed. The appeal is accompanied by an application seeking condonation of 179 days delay in filing thereof.

(2.) The only ground taken in the application seeking condonation of delay is that the case was entrusted to Shri K. M. Bhatti, Advocate for filing the appeal, however, he did not do the needful till April 15, 2019. Thereafter the present counsel was engaged and the appeal was filed.

(3.) It can hardly be said to be a good ground to condone the delay of 179 days. In fact it apparently shows that the appellant was not vigilant. If the order of the learned Single Judge is considered, this also establishes the same fact. The appellant had filed the writ petition in the year 2018 claiming selection and appointment on the post of Technician-III in Power Development Department against the advertisement issued by the Services Selection Board on 1/7/1997, the select list for which was issued way back on 28/5/1998. Meaning thereby, the writ petition was filed two decades thereafter. The learned Single Judge dismissed the same being highly belated while referring to judgment of Hon'ble the Supreme Court in State of U.P and others vs. Arvind Kumar Srivastava and ors, 2015 (1) SCC 347. Reference can also be made to subsequent judgment of Hon'ble the Supreme Court in M/s Shoeline vs. Commissioner of Service Tax and Ors, 2017 (16) SCC 104 and a judgment of this Court in Arif Hussain Dar vs. State of J&K and ors, SWP No. 411/2017 decided on 31/1/2018.