STATE OF JHARKHAND AND OTHERS Vs. JOHN KINDO

JUDGEMENT

(1.) This appeal has been preferred by the State of Jharkhand assailing the order dated 5.1.2009 passed in W.P. (S) No. 1915/2003, by which the writ petition filed by the petitioner/respondent herein was disposed of by directing the respondents/appellants herein to consider the case of the petitioner/respondent herein favourably for his regularization as and when the vacancy arose.

(2.) This appeal, in the first place, is time barred as there has been a delay of 161 days in filing the appeal, for which an application (I.A No. 1987 of 2009) for condonation of delay has been filed stating therein that the appeal could not be filed within the prescribed period of limitation as the communication to the appellant-State was received after a period of one month and thereafter the certified copy was obtained and opinion was sought as to whether an appeal was fit to be filed or not. In that process, the delay occurred, which is fit to be condoned.

(3.) Considering the explanation offered in the application for condonation of delay, we considered it just and appropriate to condone the delay in filing the appeal and hence, we permitted the counsel to address us on the merit of the appeal.