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2021 Supreme(Gau) 781

IN THE HIGH COURT OF GAUHATI (KOHIMA BENCH)
SOUMITRA SAIKIA, S. HUKATO SWU, JJ.
Husheli Achum – Appellant
Versus
State of Nagaland and Ors. – Respondents
IA(C) 177 of 2019 in WA 33 of 2019
Decided On : 24-03-2021

Advocates:
Advocate Appeared:
For the Appellant :Sentiyanger, Advocate

Headnote:

Limitation Act, 1963 – Section 5 – National Green Tribunal Act, 2010 – Section 16 – scheme for regularization of services of Work Charged Employees – Condonation of delay – IA has been filed by applicant seeking condonation of delay of 747 days in filing accompanying writ appeal – Applicant's late husband, working as Work Charged in Office of Project Engineer, Police Engineering Project, Division, district– Held, If court finds that there has been no negligence on part of applicant and cause shown for delay does not lack bona fides, then it may condone delay – If, on the other hand, explanation given by applicant is found to be concocted or he is thoroughly negligent in prosecuting his cause, then it would be a legitimate exercise of discretion not to condone delay – Ordered Accordingly.

ORDER :

Soumitra Saikia, J.

1. Heard Mr. Sentiyanger, learned counsel for the applicant and Ms. Livika, learned Government Advocate for the respondents.

2. This IA has been filed by the applicant seeking condonation of the delay of 747 days in filing the accompanying writ appeal. The applicant's late husband, namely, Khevishe Sema was working as Work Charged Khalasi in the Office of the Project Engineer, Police Engineering Project, Alichen Division, Mokokchung district, Nagaland. He served in the Department as Work Charged Khalasi for 22 years and 4 months without any break in service till his release from employment on attaining the age of superannuation. The applicant's late husband after his retirement filed a representation dated 21.08.2017 to the Chief Engineer, Police Engineering Project, Kohima praying for regularization under the "scheme for regularization of services of Work Charged Employees". He represented that his services be regularized making him entitled for pension and other pensionary benefits as per the scheme. Since, the representation was not disposed of, he approached this Court by filing W.P(C) No. 282(K)/2017. The writ petition filed was dismissed by order dated 24.11.2017.

3. Pursuant to the dismissal of the writ petition, the petitioner also expired. His wife, namely, Smti. Husheli Achumi, the present applicant, is the legal heir of the petitioner who being aggrieved has approached this Court by filing a writ appeal against by the Judgment dated 24.11.2017. However, while filing the writ appeal, a delay of 747 days has occurred and therefore, the present application has been filed seeking condonation of the delay of 747 days.

4. The applicant explained the delay in her application as under:

    "2. That the applicant's husband expired on 18.09.2018. Thereafter, the funeral rites and rituals were completed during which the widow spent whatever little amount her late husband and herself saved. Following the dead of her husband, the applicant is forced to live in penury and debt. Also, being 79 years of age she is unable to work and earn anything.

The applicant was oblivious of the outcome of W.P.(C) No. 282(K)/2017 and was under the impression that the case is still pending as her husband did not tell her about the dismissal of the case vide impugned Order, dated 24.11.2017 during his lifetime for reasons best known to the deceased. Since no news arrived on the outcome of the case the applicant called the present counsel on 30.01.2019 for making inquiries on the status of the case, only then she came to know that the case filed by her late husband has been dismissed.

Thereafter, she made plans to come to Kohima in February to meet her counsel. However, due to her aging frail health she was unable to do so. As such since there was no improvement in her health despite the lapse of time in June, 2019 she requested the counsel to kindly visit her at her residence at Shitsumi village, Zunheboto, Nagaland as she was in no condition to travel. Subsequently, the counsel travelled to her place on 12.07.2019 during the summer break and had a discussion with her regarding the case during which the counsel was advised to pursue her case before this Hon'ble Court as she is financially troubled and needs atleast a minimum income to give herself medical attention. Noticing her poor condition the counsel told her that he will be handling her case free of cost.

Thereafter, the present counsel took the legal advice of some senior counsels so in order to take further steps in the case which was completed by 2nd week of August, 2019. Subsequently, by September, 2019 the counsel completed drafting the Writ Appeal against impugned Order, dated 24.11.2017 passed by the Learned Single Judge in W.P.(C) No. 282(K)/2017 and told the applicant to come and sign the appeal memo as and when the next Division Bench of this Hon'ble Court is constituted. Thereafter, Division Bench of this Hon'ble Court was constituted from 9.10.2019 to 18.10.2019 an

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