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IN THE HIGH COURT AT CALCUTTA
PARTHA SARATHI CHATTERJEE, TAPABRATA CHAKRABORTY
State of West Bengal – Appellant
Versus
Tripti Sankar Ghosh and Others – Respondent
JUDGMENT :
In Re : IA No. CAN 1 of 2025
This application has been filed by the State of West Bengal and its functionaries seeking condonation of a delay of 184 days in preferring the proposed appeal against the order dated 15th January, 2025 passed in WPA 30626 of 2013. By the said order, the learned Single Judge set aside the order dated 6th April, 2010 issued by the Director of School Education, whereby it had been held that, owing to a break in service, the petitioner was not entitled to have his entire period of service counted for pensionary benefits. The order dated 15th January, 2025 further directed the respondent authorities to release the petitioner’s pension by reckoning his entire period of service from 1st May, 1971 up to the date of his superannuation on 31st May, 2010.
2. Shortly put, the facts leading to the institution of the proposed appeal are that the writ petitioner/respondent no. 1, namely, Tripti Shankar Ghosh (hereinafter referred to as “Tripti”), began his service career as an Assistant Teacher at Dighara Haradayal Vidyapith, a non-government recognised aided school, on 1st March, 1971, where he served in the said capacity till 30th August, 1982. Thereafter, h
The court held that bureaucratic inefficiencies do not constitute sufficient cause for condoning delays in appeals, emphasizing accountability in litigation processes.
Condonation of delay under the Limitation Act requires substantial justification, and the State is treated no differently than private litigants in these matters.
The courts should adopt a liberal interpretation of 'sufficient cause' in matters of delay for appeals, especially concerning government litigants, to promote substantial justice.
A liberal approach is essential in condoning delays, particularly for government bodies, ensuring that procedural delays do not hinder substantial justice.
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