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2023 Supreme(Jhk) 735

SUJIT NARAYAN PRASAD, SUBHASH CHAND
Ajay Gope, s/o. Late Kishun Gope – Appellant
Versus
Central Coalfields Ltd. , through its Chairman-cum-Managing Director – Respondent


Advocates Appeared:
For the Appellant : Mr. Kumar Harsh.
For the Respondents: Mr. Anoop Kumar Mehta.

ORDER :

(Sujit Narayan Prasad, J.) :

The instant intra-court appeal, under clause 10 of the Letters Patent, is directed against the order/judgment dated 13th August, 2018 passed by the learned Single Judge of this Court in W.P. (S) No.1608 of 2016 whereby and whereunder the said writ petition was dismissed on the ground that on the date of death of father of the appellant, he was aged about 10 years, as per the service records of his father, and thus was not even eligible for keeping his name in the live roster.

I.A. No. 7549 of 2022

2. The instant appeal is admittedly barred by limitation since there is delay of 829 days in preferring the appeal, therefore, an application being I.A. No. 7549 of 2022 has been filed for condoning such delay.

3. This Court, after taking into consideration the fact that the instant intra-court appeal has been field after inordinate delay of 829 days, deems it fit and proper, to first consider the delay condonation application before going into the legality and propriety of the impugned order on merit.

4. Learned counsel for the applicant-petitioner has submitted that delay in preferring the appeal may be condoned by allowing the Interlocutory Application on

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