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IN THE HIGH COURT AT CALCUTTA
TAPABRATA CHAKRABORTY, PARTHA SARATHI CHATTERJEE
Director of School Education, Government of West Bengal – Appellant
Versus
Madan Mohan Patra – Respondent
JUDGMENT :
Partha Sarathi Chatterjee, J.
1. This application has been preferred at the instance of the State of West Bengal and its functionaries seeking condonation of a delay of 468 days in filing the proposed appeal, with a view to assail the judgment and order dated 17th January, 2014 passed in W.P. No. 30191 (W) of 2008. By the said judgment and order, the writ petition was disposed of with a direction upon the respondent no. 2 therein to approve the petitioner’s appointment as an organising staff from such date as would enable the petitioner to avail the benefit of pension and other retiral benefits, within the time stipulated therein, keeping in mind that the petitioner had approached this Court for the first time in the year 1995.
2. Briefly stated, the facts necessary for effective adjudication of the present application are that, in the fourth round of litigation, the writ petitioner/respondent no. 1, namely Madan Mohan Patra (hereinafter referred to as Madan), preferred a writ petition being W.P. No. 30191 (W) of 2008, challenging the legality of the order dated 5th November, 2008 issued by the Director of School Education, West Bengal, whereby the petitioner’s prayer for r
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.
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