IMPORTANT POINT
The Court may allow condonation of delay if there is a conscious decision to pursue the appeal, prima facie merit in the appeal, and absence of culpable negligence and deliberate inaction.

JUDGMENT :

Re: CAN 1 of 2021 (Condonation of Delay)

1. There is a delay of 1343 days in presenting the memorandum of appeal. The application for condonation of delay is opposed on behalf of the respondent no. 1/writ petitioner.

2. The appeal is arising out of an order dated 10th June, 2016. In the writ petition the order of the District Inspector of Schools(S.E), Siliguri, was challenged. The prayer for higher scale of pay has been negated by the said authority in terms of paragraph 3 of Government Order No. 155-SE(B) dated 13th July, 1999.

3. The appeal was filed on 28th September, 2021 with a prayer for condonation of delay. In the application for condonation of delay it has been stated that after the impugned order was passed the District Inspector of Schools(S.E), Siliguri placed a proposal before the Commissioner of School Education, Government of West Bengal on 18th November, 2016 for filing an appeal against the order dated 10th June, 2016. On receipt of the proposal the dealing officer of the office of the Commissioner of School Education prepared the requisite papers and placed the same through the Deputy Director of School Education before the Commissioner of School Education. The Commissioner of School Education considered and approved the draft proposal and it was made ready to be placed before the Secretary, School Education Department for final approval.

4. On 19th December, 2016 the Commissioner of School Education, Government of West Bengal upon receiving such approval requested the office of the Legal Remembrancer, Government of West Bengal, to obtain certified copy of the order dated 10.6.2016.

5. On 10.01.2017 the Secretary, School Education Department had approved the proposal for appeal and sent the file to the learned Legal Remembrancer for engaging an advocate for filing the appeal. Mr. Ansar Ali Mondal, learned advocate, was appointed on 01.3.2017 for filing the appeal.

6. On 21st April, 2017 the file was returned to the Commissioner of School Education through the School Education Department. On 3rd May, 2017 the formal letter of engagement was issued in favour of Mr. Ansar Ali Mondal, learned AGP.

7. On 11th May, 2017 all the relevant papers were handed over to Ms. Srilekha Bhattacharyya, junior to the learned AGP, who received the same with a note without certified copy. On 18th May, 2017 a prayer was made before the learned Legal Remembrancer for handing over the certified copy to the learned advocate in order to enable here to prepare the memorandum of appeal.

8. On 16th December, 2019 the original certified copy was received by the Directorate and on 19th December, 2019 the appropriate authority was requested to engage another advocate in place of Mr. Ansar Ali Mondal. The noting on the file shows that the said change was suggested as Mr. Mondal could not file the appeal and he was no longer in the State panel.

9. The Commissioner of School Education, Government of West Bengal on 8th January, 2020 forward the file to the School Education Department for fresh appointment of State advocate and the Principal Secretary on 9th January, 2020 sent the file to the learned Legal Remembrancer, Government of West Bengal.

10. On 14th January, 2020 the Legal Remembrancer approved the engagement of Mr. Supriyo Chattopadhyay, learned senior government advocate. An appointment letter was issued in favour of Mr. Chattopadhyay on 17th February, 2020. Mr. Supriyo Chattopadhyay on 19th February, 2020 returned the brief expressing his view that it was not a fit case to file appeal after considerable delay, moreover, the point raised has already been decided by this Hon’ble Court in several other matters. Thereafter, the State had decided to prefer an appeal by initiating a fresh note prepared on 7th July, 2021. However, the appeal was filed on 28th September 2021 with a prayer for condonation of delay. In between due to COVID situation the work was affected.

11. Mr. Avishek Prasad, learned counsel appearing on behalf of the appel