The High Court · 2019
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI (Letters Patent Appellate Jurisdiction) L.P.A No. 219 of 2022 -------- 1. The Vice-Chancellor, Birsa Agricultural University, PO-Kanke, PS-Gonda, District-Ranchi, Jharkhand. 2. The Director of Administration, Birsa Agricultural University, PO-Kanke, PS-Gonda, District-Ranchi, Jharkhand. 3. The Recruitment Officer, Birsa Agricultural University, PO- Kanke, PS-Gonda, District-Ranchi, Jharkhand. … Appellants Versus 1. Md. Aslam Ansari, s/o late Dilawar Ansari, r/o-Village Husir, PO-Husir, PS-Kanke, District-Ranchi, Jharkhand. 2. The State of Jharkhand through Secretary-cum-Commissioner, Agricultural Sugar Cane Development Department, Govt. of … Respondents Jharkhand, Ranchi. CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
Legal Reasoning
HON'BLE MR. JUSTICE RATNAKER BHENGRA For the Appellants For the Respondent-State : Mr. A. Allam, Sr. Advocate Mr. Abhijeet Kr. Singh, Advocate : Mr. Kishore Kumar Singh, SC-VI -------- Order No. 4/Dated: 10 th January 2023 I.A No. 4502 of 2022 This application has been filed seeking condonation of delay of 434 days in filing L.P.A No. 219 of 2022. 2. From the statements made in this application, it appears that only after contempt proceedings vide Contempt Case (Civil) No. 1098 of 2019, Contempt Case (Civil) No. 1099 of 2019, Contempt Case (Civil) No. 1100 of 2019 and Contempt Case (Civil) No. 1101 of 2019 were initiated the Birsa Agricultural University has chosen to file the present Letters Patent Appeal against the order dated 22nd February 2019 passed in W.P.(S) No. 445 of 2014. 3. For seeking condonation of delay of 434 days, the appellants have taken a plea that during the period under consideration the Vice-Chancellor(s) of the Birsa Agricultural University joined for a short tenures and about 40% of its staff was infected with COVID-19. 2 l.P.A No. 219 of 2022 4. These statements are, however, not supported by any documentary evidence. 5. In the application for condonation of delay, the appellant-University has pleaded as under: “4. That it is stated that the order was passed on 22.02.2019 after hearing counsel for the parties and certified copy of the same was received on 28.09.2019 and the Contempt Application was filed in November, 2019. Thereafter, COVID- 19 had already spread a lot and was in its peak with lot of casualties. So, in spite of communication to the University, the same could not be properly taken care of an appropriate steps could not be taken up in time. 5. That it is stated that during the periods, two Vice Chancellors had joined for short duration and recently the Vice Chancellor has joined the office and has taken the decision to move before the Hon'ble Division Bench against order of the learned Single Judge. 6. That it is stated that during the COVID-19 peak, no one could peruse the file in the office of the Appellant and more so in absence of regular Vice Chancellor decision could not be taken on time. 7. That it is stated that thereafter information was given to the counsel for the University to draft memo of appeal and the same was drafted and handed over to the University after one month. By the time it was ready, the University counsel was authorized to file the same before the Hon'ble Court. 8. That it is stated that the maximum period of delay has lapsed due to COVID-19 and about 40% of the employees were infected during COVID-19 peak. So, the delay has occurred which is not inordinate or intentional rather the same has been caused due to the prevailing circumstances, as mentioned hereinabove.” 6. It is a well accepted practice in the Courts that while examining an application under section 5 of the Limitation Act the Court can look into the merits of the matter, stake of the parties and probable loss to the applicant if the delay in filing the appeal is not condoned by the Court. 7. Against the common order dated 22nd February 2019 passed in W.P.(S) No. 396 of 2014 and analogous cases, the Birsa Agricultural University has preferred this Letters Patent Appeal which is confined only to the petitioner in W.P.(S) No. 445 of 2014. No reason has been provided by the appellants as to why the orders passed in other writ petitions have not been challenged. 8. From a glance at the order dated 22nd February 2019, it appears that the writ petitioners claimed that they have been working for 20 to 30 years on daily wages. They approached the 3 l.P.A No. 219 of 2022 writ Court with a prayer for a direction upon the Birsa Agricultural University to frame a scheme for regularisation. By the aforesaid order dated 22nd February 2019, the Birsa Agricultural University has been directed to take an informed decision on the representation of the respondent no.1 and others for their regularisation in service. 9. Mr. Abhijeet Kr. Singh, the learned assisting counsel to Mr. A. Allam, the learned Senior Counsel appearing for the appellants informs the Court that the appellant-University intends to comply with the writ Court's order and affidavits in compliance in this regard are being filed in the contempt proceeding which has
Decision
been initiated by the writ petitioners. 10. Mr. Abhijeet Kr. Singh, the learned counsel for the appellants further submits that the time-frame provided by the writ Court is too short to implement the writ Court's order as various aspects have to be examined and then only an informed decision can be taken by the competent authority. 11. Mr. Kishore Kumar Singh, the learned SC-VI appears for the State of Jharkhand. 12. It is stated at Bar that no other Letters Patent Appeals has been preferred by the Birsa Agricultural University against the common order dated 22nd February 2019 passed in W.P.(S) No. 396 of 2014 and analogous cases. 13. The aforesaid being the factual scenario, we are of the opinion that no substantial loss shall be caused to the Birsa Agricultural University if delay of 434 days in filing the present Letters Patent Appeal is not condoned by this Court and, accordingly, I.A No. 4502 of 2022 is dismissed. L.P.A No. 219 of 2022 Accordingly, while declining to interfere with the order dated 22nd February 2019, we reserve liberty with the appellants to seek extension of time by filing appropriate application in Contempt Case (Civil) No. 1098 of 2019 with Contempt Case (Civil) No. 1099 of 2019 with Contempt Case (Civil) No. 1100 of 2019 with 4 l.P.A No. 219 of 2022 Contempt Case (Civil) No. 1101 of 2019. Accordingly, L.P.A No. 219 of 2022 is dismissed. I.A No. 4503 of 2022 stands disposed of. (Shree Chandrashekhar, J.) Amit/ (Ratnaker Bhengra, J.)