STATE OF RAJASTHAN AND ORS Vs. RAKESH SHARMA

JUDGEMENT

(1.) This intra-Court appeal is directed against the impugned order of Single Bench dated 20.03.2012, whereby S.B. Civil Writ Petition No.7496/2006, filed by respondent Rakesh Sharma, has been allowed and respondents in the writ petition, who are appellants here in this appeal, have been directed to consider the case of writ-petitioner for regularization against the vacancy lying vacant with them on account of retirement of Shri Dharmendra Dubey.

(2.) There is delay of 173 days in filing the special appeal and an application under Section 5 of the Limitation Act has been filed for condonation of delay, wherein it has been mentioned that after obtaining certified copy of the order of the Single Bench, opinion was sought from the Counsel concerned and thereafter, file was sent for opinion of the Legal Cell, who opined for filing the special appeal in the matter and accordingly the Department, vide its order dated 03.10.2012, granted sanction for filing the appeal.

(3.) The order of Single Bench was passed on 20.03.2012 and appeal has been filed before this Court on 22.11.2012. The appellants have not given the specific date, as to when copy of order was received by them and when opinion was sought from the Counsel concerned and thereafter, when the file was sent for opinion to the Legal Cell. The averments made in the application are vague in nature and do not constitute sufficient cause for condonation of delay.