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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
SHREE CHANDRASHEKHAR, SANDEEP SHAH
State of Rajasthan, through the Secretary, Rural Development and Panchayati Raj – Appellant
Versus
Suresh Kumar son of Shri Ram Gopal Vyas – Respondent
Order :
SANDEEP SHAH, J.
1. The present appeal is directed against the judgment dated 08th December 2022 passed in S.B. Civil Writ Petition No.18239 of 2022 titled “Suresh Kumar v. State of Rajasthan & Ors.”, whereby the learned Single Judge allowed the writ petition filed by the petitioner and while following the judgment of “Jagrati Pandya v. State of Rajasthan & Ors.” in (S.B. Civil Writ Petition No.14087 of 2022, decided on 17th October 2022) directed the petitioner to be entitled for same relief as granted in Jagrati Pandya i.e. to countersign the experience certificate of the petitioner and grant of corresponding bonus marks in accordance with law.
I.A. No.01/2024:
2. An application under section 5 of the LIMITATION ACT has been filed seeking condonation of delay of 561 days in filing the present Special Appeal (Writ).
3. A perusal of the contents of Para Nos.2 to 6 will reveal that no reasons, what to say sufficient reasons, have been specified in the application, nor have any details or relevant dates about the processing of the file for filing the appeal been given, and it has merely been stated that the delay was due to administrative decisions and that the delay is minor. W
Government departments must comply with the law of limitation, and experience gained under transferred schemes should be recognized for benefit entitlements.
Experience under transferred schemes is valid for bonus marks eligibility, and the state must provide justifiable reasons for delay in appeals.
State entities must substantiate claims for condonation of delay; administrative delays do not justify absence of diligence in legal proceedings.
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 bureaucratic inefficiencies do not constitute sufficient cause for condoning delays in appeals, emphasizing accountability in litigation processes.
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