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IN THE HIGH COURT AT CALCUTTA
HARISH TANDON, PARTHA SARATHI CHATTERJEE
District Inspector of Schools (SE), North 24 Parganas – Appellant
Versus
Shila Kabiraj – Respondent
JUDGMENT :
Partha Sarathi Chatterjee, J.
1. With a view to resuscitating the time-barred lis, the present application has been filed by the State of West Bengal and its functionaries, seeking condonation of a delay of 1,389 days in filing the proposed appeal, which aims to challenge the ex-parte order dated 11.03.2019 passed in WPA 18015 of 2019.
2. The order dated 11.03.2019 mandated the respondents/applicants to grant a higher scale of pay to the petitioner, who joined the School with a Post Graduate degree in Physical Education, and to fix her salary accordingly, effective from 16.01.2009, within a specified time-frame. Additionally, the order directed the payment of both current and arrear salaries within the prescribed time. The order further stipulated that if the arrears and current salary were paid within the specified time, no interest would be payable. However, in case of failure to comply, the petitioner would be entitled to simple interest at the rate of 10% per annum from 16.01.2009 until the actual payment, in addition to proceeding of contempt of court.
3. The capsulated form of the facts, as unfurled in the writ petition, is that the petitioner participated in the 1999
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.
Administrative lethargy and bureaucratic delays do not constitute sufficient cause for condoning inordinate delays by state in filing appeals; bona fides and vigilance required.
The court held that the application for condonation of delay under Section 5 of the Limitation Act should be construed liberally to ensure substantial justice, especially when the delay is influenced....
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