Full Judgment
[1].IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER
D.B.CIVIL SPECIAL APPEAL (W) NO.805/2014 State of Rajasthan & ORS.versus Rama Ram Date of Order :: 30.7.2014 PRESENT HON'BLE Mr.JUSTICE GOVIND MATHUR HON'BLE Mr.JUSTICE ATUL KUMAR JAIN Mr.K.S.Bhati, SHO, P.S.Chohtan, District Barmer Officer Incharge of case Mr.Rama Ram - respondent present in person ..BY THE COURT : This matter came up for orders on an application seeking condonation of delay of 720 days in filing appeal to challenge order dated 09.2.2012 passed by learned Single Bench.
The factual background necessary to be noticed is that the respondent-petitioner is working as a Cook at Police Station, Chohtan, District Barmer since February, 1989.
The appellant- respondent allowed regular status in service to one other Cook, namely, Shri Jai Ram but the same benefit was not extended to the respondent-petitioner.
The learned Single Bench, by arriving at the conclusion that no discrimination could have been made by the employer among similarly situated persons directed the employer to regular the respondent-petitioner in service in the terms applied for Jai Ram, the similarly situated person.
[2].To explain delay in filing the appeal, it is submitted that some time was consumed in administrative sanction and, therefore, the delay occurred.
From perusal of the contents made in the application preferred as per provisions of Section 5 of the Limitation Act, it appears that certified copy of order dated 9.2.2012 was received by the appellants on 14.2.2012 and that was sent to the competent authority.
No sufficient reason is given to satisfy further the delay occurred in filing the appeal.
As a matter of fact, the application lacks narration of details causing delay in filing the appeal.
The contents of the application reads as under :- “2.
That it is respectfully submitted that after receipt of the certified copy of the order, opinion was sent by the learned Addl.
Government Counsel and after receipt of the opinion the matter was sent by the Officer Incharge to the Police Headquarters and wherefrom the matter was sent to the State Government for taking appropriate decision.
3.
That it is respectfully submitted that the matter was carefully examined and considered by the State Government at various levels and thereafter the file was sent to the Law Department, Govt.
of Rajasthan, Jaipur.
The Law Department examined the matter thoroughly in the light of the judgment rendered in the case of State of Rajasthan versus Daya Lal, reported in (2011) 2 SCC429and also found that the present case is distinguishable to the case of Jai Ram on the basis fo which the present writ petition has been decided and accordingly, issued sanction for filing a special appeal against he judgment dated 09.02.2012.
The file was sent back to the [3].Home Department, Govt.
of Rajasthan, Jaipur.
The Home (Gr.1) Department, Govt.
of Rajasthan on its turn vide letter dated 20.03.2014 sent the mater to the Inspector General of Police (HQ).Rajasthan, Jaipur and instructed to file the special appeal against the
JUDGMENT / ORDER
dated 09.02.2012 and to appoint Officer Incharge.
4.
That thereafter Officer Incharge in the matter was appointed and the file was sent to him with the direction to contract the learned Govt.
Counsel and to prepare and file the special appeal.
5.
That it is respectfully submitted that thereafter the record of the case was collected by the Officer Incharge and a contract was made to the learned Addl.
Govt.
Counsel (Shri Anil Kumar Bissa).The mater was discussed with him and special appeal has been prepared by him and the same is filed today without any further delay.”
.
The facts given disclose huge gaps in the actions taken and no reason is given for such interval.
We are of the considered opinion that the respondents are having no justifiable reason to get the delay in filing the appeal condoned.
Accordingly, the application is dismissed.
In the result, the appeal too is dismissed.
[ATUL KUMAR JAIN]., J.
[GOVIND MATHUR]., J.
Sanjay