The High Court · 2023
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI (Letters Patent Appellate Jurisdiction) LPA No. 903 of 2019 Azharul Islam, aged about 58 years, son of late Kurban Sheikh, resident of village Kadam Sair, PO Jhikarhati, PS-Pakur, District-Pakur ......Appellant Versus
Legal Reasoning
1.The State of Jharkhand. 2.Commissioner-cum-Secretary, Human Resources Development, Govt. of Jharkhand, PO &PS Dhurwa, District Ranchi 3.The Director, Primary Education Department, PO and PS Dhurwa, District Ranchi, Jharkhand at Ranchi 4.The Deputy Director of Primary Education, PO &PS Dhurwa, District Ranchi, Jharkhand at Ranchi 5.The Director, Superintendent of Education, R/o and PO Pakur, PS Pakur(T), District Pakur ..... Respondents --------------- CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR HON'BLE MR. JUSTICE RATNAKER BHENGRA For the Appellant For the State : Mr. Asadul Haque, Advocate : Mr. Anish Kumar Mishra, AC to Sr. SC-I ---------------
Decision
O R D E R 04th July 2023 Per, Shree Chandrashekhar, J. I.A. No. 10165 of 2022 The writ petitioner has challenged the order dated 17th June 2019 passed in WP(S) No. 6608 of 2010. 2. This Letters Patent Appeal which was filed on 21st December 2019 with defects is also barred by limitation of 147 days. 3. I.A. No. 10165 of 2022 has been filed under section 5 of the Limitation Act for condonation of the aforesaid period of delay. 4. In this application the appellant has averred as under: “3.That the appellant states that after passing the order by the Writ Court, the appellant has been informed about the fate of the case on 17.06.2019 and as per his instruction certified copy has been applied and after receiving the certified copy the appellant has been informed on 12.07.2019 and thereafter as per advised of the appellant, instant appeal has been drafted and ready for filing and on being informed appellant assured the advocate to come with necessary fund at Jharkhand High Court, Ranchi on 20.08.2019 and thereafter appellant came to Ranchi with instruction to file the appeal but by that time delay of 30 days has already been occurred and thereafter due to the latch of the Advocate Clerk of the concerned Advocate the certified copy of the order passed in writ court has been misplaced and after great effort the same has been found in disposal matter only on 20.08.2019 and case was handed over to Advocate's Clerk on 22.08.2019 although due to latches of Advocate clerk the instant 2 LPA No. 903 of 2019 appeal has been filed only on 21.12.2019 resultant to delay of 147 days. 4.That the delay of 147 is not intentional rather appellant is prevented by sufficient cause in filing this appeal although in anyhow he has managed the necessary fund and handed over to his Counsel to conduct the appeal and as such delay of 147 days is required to be condone. 5.That it is stated that the appellant are regretted for this and undertake to keep care in future. 6.That it is stated and submitted that if the instant application is not allowed then the appellant shall suffer irreparable loss and injury as well as mental agony.” 5. As we have noticed this Letters Patent Appeal was filed with defects which have been removed only after the matter was listed before the Court on 24th August 2022 and 10th October 2022 and opportunities were granted to the appellant to remove the defects. However, with a view to afford an opportunity to the appellant to contest the matter on merits, we are inclined to allow this application for condoning the delay. We have this in our mind that while examining the plea put forth for condonation of delay the Court may take a lenient view so that prejudice is not caused to the appellant. 6. 7. I.A. No. 10165 of 2022 is allowed. LPA No. 903 of 2019 The writ Court has held as under: “4. Learned counsel for the State submits that the petitioner and a large number of persons were appointed as Assistant Teachers by Shri Bhola Ram, the District Superintendent of Education, Sahibganj in the years 1981-82. In the year 1984, it came to the notice of the higher authorities that those appointments were not made after following the legal procedures and therefore, services of the said Assistant Teachers were brought to an end. He further submits that matter moved and travelled up to the Hon’ble Supreme Court by different Special Leave Petitions/Civil appeals and Contempt Petitions from time to time. In pursuance of the order of the Hon’ble Supreme Court, the authorities reconsidered the cases of all the applicants who had been appointed in the year 1981-82 and a fresh panel in accordance with law was prepared and published on 25.07.1994 after preparing district wise and category wise draft panel and after calling and receipts of the objections. A large number of persons, including the petitioner, were not included in the final panel. After publication of the final panel, the petitioner neither gave any representation or made any claim about non-inclusion of his name in the final panel made in pursuance of the orders of the Hon’ble Supreme Court passed in S.L.P. No. 10051/1990 and the Hon’ble Patna High Court passed in C.W.J.C. No. 7000/1992 and analogous cases nor the petitioner showed any order/direction of the Hon’ble Court or the department for any valid claim made by him just after publication of the final panel. He further submits that similarly situated teachers of the 3 LPA No. 903 of 2019 erstwhile Sahibganj district had moved this Hon’ble Court by filing the writ application bearing C.W.J.C. No. 11693/1997(P) and L.P.A. No. 501/2003 but the same had outrightly been rejected and turned down vide order dated 23.08.2004 in view of the fact that the names of those teachers having not been mentioned and further the life of the panel having lapsed after one year i.e. in the year 1995 and therefore, no appointment can be made from the said panel. He further submits that petitioner is Izharul Islam whereas the name of the person listed at Serial No. 50 of the panel is Ajfarul Islam, son of Haji Hussain, Resident of Bhawanipur, Pakur, Santhal Pargana. On these facts, learned counsel for the State submits that the petitioner is not the same person, who is listed at Serial No. 50 of Annexure 8/A because the petitioner has not produced any document before the authorities to show that it was he, who was selected earlier. The petitioner has also failed to produce any appointment letter before this court. 5. Considering all these aspects, this Court finds that no case of interference is made out. 6. This writ petition is, accordingly, dismissed. ” 8. We have glance through the order dated 17th June 2019 and find that the appellant who claimed to have been appointed on the post of Assistant Teacher by virtue of the communication dated 18th April 1983 has not been able to produce any material so as to support his claim that his appointment was valid – the appellant has not even produced his appointment letter. 9. As it appears from the order dated 17th June 2019 the claim raised by some of the candidates that they are entitled for appointment pursuant to the merit list prepared in the year 1995 has not been accepted by the Court and the other teachers of Sahebganj district who preferred CWJC No. 11693 of 1997(P) and LPA No. 501 of 2003 have also lost the battle as their names did not find mention in the list of candidates. 10. Having thus examined the matter, we are satisfied that no indulgence can be granted in this matter and, accordingly, LPA No. 903 of 2019 is dismissed. (Shree Chandrashekhar, J.) (Ratnaker Bhengra, J.) Jharkhand High Court, Ranchi Dated: 04th July 2023 Tanuj/N.A.F.R