IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
ARUP KUMAR GOSWAMI, NINALA JAYASURYA, JJ.
State of Andhra Pradesh, Rep. by its Principal Secretary, Higher Education Department, Secretariat, Amaravati & Ors. - Appellants
Versus
T. Lakshmi Rambabu, S/o. Late Suryanarayana Murthy & Ors. - Respondents
Writ Appeal No. 397 of 2021
Decided On : 23-09-2021
Constitution of India, 1950 - Article - Limitation Act, 1963 - Section 5 - Writ Appeal - Writ of Mandamus - Writ petition was filed praying for a writ of Mandamus to direct respondents to regularize services of writ petitioner in post of Lecturer in Electronics with effect with all consequential benefits - Whether there was any explanation for delay of three years in filing review application - Whether an appeal against an order rejecting an application for review on ground of unexplained long delay, is maintainable – Held, court did not find a single averment as to why review application came to be filed after three years - However, to be sure that we have not overlooked any such explanation, court asked as to whether there was any explanation for delay of three years in filing review application - He candidly admits that this aspect of matter was not adverted to in review application - In view of aforesaid factual matrix, without going into question as to whether an appeal against an order rejecting an application for review on ground of unexplained long delay, is maintainable, court hold that no interference with order of learned single Judge is called for - Writ Appeal is dismissed.
JUDGMENT :
Arup Kumar Goswami, J.
1. Heard Mr. K.V. Raghuveer, learned Government Pleader for Higher Education appearing for the appellants. Also heard Mr. V.R. Avula, learned counsel appearing for respondent No. 1/writ petitioner.
2. This appeal is preferred against an order dated 24.03.2021 passed by the learned single Judge in Review I.A. No. 1 of 2019, by which the order dated 28.12.2016 passed in W.P. No. 3875 of 2003 was sought to be reviewed.
3. The writ petition was filed praying for a writ of Mandamus to direct the respondents (hereinafter referred to as 'appellants') to regularize the services of the writ petitioner in the post of Lecturer in Electronics with effect from 18.09.1987 or from 01.04.1991, with all consequential benefits.
4. On due consideration, by judgment dated 28.12.2016, the writ petition was allowed directing the appellants to regularize the services of the petitioner with effect from 01.04.1991 i.e., the date on which the post was admitted to grant-in-aid, with all consequential benefits including service and monetary benefits. It was further directed that the entire exercise shall be completed within a period of three months from the date of receipt of a copy of the order.
5. The appellants filed an application being I.A. No. 1 of 2019 seeking to review the order dated 28.12.2016. The said review application was dismissed on 24.03.2021 observing as follows :
4. It is the submission of the learned counsel for respondent No. 1/writ petitioner that in the absence of any valid reason for the delay in filing the review application, the review petition filed by the petitioners herein is liable to be dismissed. On the other hand, the learned Government Pleader strenuously submits that limitation period stipulated under the Limitation Act, 1963 for filing review application, cannot be made applicable to the review applications in the Writ Petitions. Even assuming that the provisions of the Limitation Act, 1963 with regard to period of limitation for filing review application, cannot be made strictly applicable to the review applications in the Writ Petitions, the review applications are required to be filed within a reasonable time. In the instant case, though the order in the Writ Petition came to be passed on 28.12.2016 and though the Contempt Case was also filed on 14.09.2017, after lapse of approximately 3 years from the date of passing the order, the present review application is filed on 01.10.2019 without any valid and sufficient reason. Since this Court is not inclined to condone the unexplained delay, this Court does not propose to go into the merits of the review application. Accordingly, the review application is dismissed. No costs.
However, the petitioners herein/respondents in the Writ Petition, are granted six weeks' time to comply with the order passed in the Writ Petition."
6. Perusal of the above order goes to show that the learned single Judge did not propose to go into the merits of the review application as the same was filed approximately after three years from the date of
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