STATE OF JHARKHAND Vs. BIRAJ MAHTO

JUDGEMENT

(1.) This appeal has been filed against the judgment and order dated 14.7.2008 passed by the learned Single Judge in W.P.(S) No. 222 of 2003. by which the writ petition was allowed in favour of the respondent-teacher directing the appellant-State to regularize the services of the petitioner-respondent against the existing vacancy of a sanctioned post of Science teacher.

(2.) The appeal in the first place is time barred by 254 days for which the explanation, which has been offered is one of the usual and hackneyed ones to the effect that the period of limitation expired since the file travelled from one department to the other before a decision could be taken to file an appeal against the impugned order.

(3.) The appeal, therefore, is fit to be dismissed, even on the ground of limitation. Inspite of this, we granted opportunity to the Counsel representing the appellant-State to address us on the merit of the appeal in order to obviate miscarriage of justice on merit if there by any.