Partha Sarthy, J. – The instant Letters Patent Appeal has been preferred by the appellants against the judgment and order dated 5.4.2018 passed in C. W. J. C. No. 4547 of 2017 (Pintu Kumar Singh & Ors. vs. the Union of India & Ors.).

2. The appeal having been preferred after a delay of 4 years 6 months 21 days, the appellants have filed an application (I. A. No. 2 of 2023) praying for condonation of delay in filing of the instant appeal.

I. A. No. 2 of 2023

3. The instant application has been filed by the appellants praying for condoning the delay of 1711 days in preferring the appeal against the judgment and order dated 5.4.2018 passed in C.W.J.C. No.4547 of 2017.

4. It is the case of the appellants that the delay caused is neither intentional nor deliberate but is on account of departmental and administrative procedures involved for filing of this appeal. Further, considerable time was lost during the course of pandemic lock down. Swift action was initiated at every stage, ever since Ministry was brought into picture in the case in August, 2022.

5. It was submitted by learned Additional Solicitor General appearing for the appellants that unlike the private litigants the matters relating to Government are required to be considered at various levels. Referring to paragraph no.7 of the application filed for condonation of delay wherein the date of events and the events leading to filing of the instant appeal has been mentioned, it is stated that vide order dated 5.4.2018 the learned Single Judge was pleased to allow the writ application. The matter was examined by the Staff Selection Commission which passed order dated 3.7.2018 rejecting the prayer of the petitioners. Thereafter a contempt application was preferred wherein response was filed by the Staff Selection Commission. After hearing the parties on a number of dates, by order dated 18.8.2022, the learned Court hearing the contempt application directed the respondents either to implement the order dated 5.4.2018 or to appear personally. Thereafter on the letter dated 18.8.2022 being written by the learned Additional Solicitor General to the Ministry of Home Affairs, a meeting of the representatives of the Ministry of Home Affairs, the Staff Selection Commission, Department of Legal affairs and the CRPF took place on 20.8.2022 and again on 26.8.2022 when it was decided that an SLP be preferred against the judgment dated 5.4.2018. Finally, an SLP vide Diary no.38107/2022 was preferred in the Hon’ble Supreme Court in November 2022. The said case was disposed of directing the Union of India to prefer an LPA against the order dated 5.4.2018. Soon thereafter the instant appeal was filed.

6. Learned Additional Solicitor General further submits that in view of the events narrated herein above as also in view of the judgments of the Hon’ble Supreme Court, the delay due to bureaucratic processes or administrative reasons may constitute ‘sufficient cause’ as required under the Limitation Act. Thus, it was submitted that taking a lenient view in the matter, the delay in filing of the memo of appeal be condoned and the appeal be heard and decided on its own merits.

7. The application filed by the appellants praying for condonation of delay is opposed by learned counsel appearing for the respondents.

8. Learned counsel for the respondents in support of their submission have relied on the judgments of the Hon’ble Supreme Court passed in SLP(Civil) Diary No.34772 of 2022 (State of Uttar Pradesh and Ors. vs. Vimla Devi) dated 12.12.2022 and the judgment of the Hon’ble Supreme Court in Postmaster General & Ors. vs. Living Media India Ltd. and Anr. [(2012) 3 SCC 563].

9. Having heard learned counsel for the parties and having gone through the materials on record, it transpires that the appeal in the instant case has been preferred against the judgment and order dated 5.4.2018 passed in C.W.J.C No.4547 of 2017 (Pintu Kumar Singh & Ors. vs. Union of India and Ors.) and other analogous cases after a del