State of Raj. and ors Vs. Smt. Rajkumar Ramdev

State of Raj. and ors vs Smt. Rajkumar Ramdev

Type Court Judgment Court Rajasthan Jodhpur Decided Jul 18, 2014

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Citation: sooperkanoon.com/1158108
Court: Rajasthan Jodhpur High Court
Decided On: Jul 18, 2014
Subject: Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

State of Raj. and ors

Respondent

Smt. Rajkumar Ramdev

Excerpt

.....judgment :: 18.07.2014 present hon'ble mr.justice govind mathur hon'ble mr.justice atul kumar jain dr. pushpendra singh, additional advoate general, with mr.sajjan singh rathore, for the appellants by the court : this appeal is barred by limitation from 458 days. an application under section 5 of the limitation act is preferred seeking condonation of delay in filing the appeal. as per the facts averred in the application, the certified copy of the judgment impugned alongwith the opinion of the government counsel was received by the officer competent on 19.11.2012. on 22.01.2013, the matter was sent to the secretary concerned. the state government ultimately on 15.10.2013 decided to prefer an appeal. accordingly, an officer-in-charge was appointed on [2].16.12.2013. necessary communication in this regard was received in the office of the district education officer elementary education, jaisalmer on 13.01.2014. the appeal thereafter was filed on 14.02.2014. the facts stated above clearly indicates that the appellants and its officers were not at all taking necessary care to file the appeal expeditiously. as already stated, a certified copy of the judgment was received on 19.11.2012 and was remitted to the competent authority on 22.01.2013. in spite of it, no decision was taken for good 10 months. even after taking a decision for filing the appeal, the officer-in-charge was appointed after lapse of 2 months and then the appeal was filed after lapse of 1 month. it is well-settled that a party seeking condonation of delay is required to satisfy day to day delay with sufficient reasons. no such effort appears to be made in the instant matter. as such, we are not inclined to grant this application. accordingly, the same is dismissed. consequently, the appeal too is dismissed. [atul kumar jain]., j. [gov ind mathur]., j. pramod

Full Judgment

[1].IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR JUDGMENT

D.B.CIVIL SPECIAL APPEAL (WRIT) NO.488/2014 State of Rajasthan & ORS.Versus Smt.

Raj Kaur Ramdev & Anr.

Date of Judgment :: 18.07.2014 PRESENT HON'BLE Mr.JUSTICE GOVIND MATHUR HON'BLE Mr.JUSTICE ATUL KUMAR JAIN Dr.

Pushpendra Singh, Additional Advoate General, with Mr.Sajjan Singh Rathore, for the appellants BY THE COURT : This appeal is barred by limitation from 458 days.

An application under Section 5 of the Limitation Act is preferred seeking condonation of delay in filing the appeal.

As per the facts averred in the application, the certified copy of the judgment impugned alongwith the opinion of the Government Counsel was received by the officer competent on 19.11.2012.

On 22.01.2013, the matter was sent to the Secretary concerned.

The State Government ultimately on 15.10.2013 decided to prefer an appeal.

Accordingly, an officer-in-charge was appointed on [2].16.12.2013.

Necessary communication in this regard was received in the office of the District Education Officer Elementary Education, Jaisalmer on 13.01.2014.

The appeal thereafter was filed on 14.02.2014.

The facts stated above clearly indicates that the appellants and its officers were not at all taking necessary care to file the appeal expeditiously.

As already stated, a certified copy of the judgment was received on 19.11.2012 and was remitted to the competent authority on 22.01.2013.

In spite of it, no decision was taken for good 10 months.

Even after taking a decision for filing the appeal, the officer-in-charge was appointed after lapse of 2 months and then the appeal was filed after lapse of 1 month.

It is well-settled that a party seeking condonation of delay is required to satisfy day to day delay with sufficient reasons.

No such effort appears to be made in the instant matter.

As such, we are not inclined to grant this application.

Accordingly, the same is dismissed.

Consequently, the appeal too is dismissed.

[ATUL KUMAR JAIN]., J.

[GOV IND MATHUR]., J.

Pramod

Same Court & Year Rajasthan Jodhpur · 2014 Same Parties State of Raj. and ors vs Smt. Rajkumar Ramdev Same Subject Education