IMPORTANT POINT
The legal principle established is that sympathy cannot be the basis for a court order, and a party must demonstrate a prima facie case for interference in a service matter.

JUDGMENT :

L.P.A No. 321 of 2021 with I.A No. 7185 of 2021

The writ petitioner being aggrieved of the order dated 3rd January 2019 passed in W.P.(S) No. 2484 of 2015 is before us in the present Letters Patent Appeal.

2. This Letters Patent Appeal has been filed with a delay of 424 days seeking condonation for which I.A No. 7185 of 2021 has been filed.

3. In this application under section 5 of the Limitation Act the appellant has stated as under:

“4. That it is stated and submitted that the order has been passed on 03.01.2019 but the petitioner was not knowledge about the order of the Hon'ble Court passed in W.P.(S) No. 2484/2015 because she was suffering from fever and Jaundice prior of order of this court and she was serious from 03.01.2019 and contact to doctor for her treatment then she was under treatment of Dr. H.P. Hembrom after checking she was adviced by Dr. H.P. Hembrom for bed rest till her illness recovery.

5. That it is stated and submitted that the treatment of the appellant was going on till 10.3.2020, when she recovered from illness and the doctor adviced her that now she is well and fit for wandering either and thither then she came at Ranchi and contact her advocate and asked about her case then she found that her case has been dismissed on 03.01.2019 one year ago.

6. That it is stated that the appellant told her advocate for obtain certified copy of the order there after covid 19 pendemic came and lockdown was started since 22.3.2020 due that reason she could not took certified copy of the order dated 03.01.2019.

7. That it is stated and submitted when start unlockdown, the appellant came at Ranchi in month of September 2021 and contact to Mr. Sarvendra Kumar advocate and she got advice to file L.P.A against the order dated 03.01.2019 passed in W.P.(S) No. 2484/2015.

8. That the appellant on 18.09.2021 applied for certified copy of order dated 03.01.2019 passed in W.P.(S) No. 2484/2015 and it was made on 27.09.2021 thereafter it was supplied after two days i.e. on 30.09.2021 to the advocate clerk same has been handed over to the appellant on Monday i.e on 04.10.2021.

9. That it is stated and submitted that the appellant with certified copy of impugned order again contact to Mr. Sarvendra Kumar Advocate for filing L.P.A on 05.10.2021 thereafter Durga Puja vacation was started and opening day the Memo of appeal was made affidavit and filed it.

10. That it is stated and submitted that delay in filing in appeal is not willful intention of the appellant because she was under bed rest on advice of the Doctor due to her illness.”

4. Having considered the aforesaid reasons disclosed by the appellant seeking condonation of delay of 424 days, we have formed a prima-facie opinion that the appellant has failed to put forth a plausible and acceptable explanation for condoning the delay.

5. The appellant approached the writ Court with the following prayers:

“1. That in this writ petition, the petitioner prays for issuance of an appropriate writ/s, order/s, direction/s commanding upon the respondent to allow the petitioner to join her duties as Para Teacher at Extended Middle School Hardala Gamharia-II in view of the decision of the Gram Shiksha Samiti, Hardala and recommendation for her joining has been made to respondent no.3 but till date she has not been allowed to join.

And/or

Be pleased to pass such other order/s to which your Lordships may deem fit and proper for doing conscionable justice to the petitioner.”

6. The whole case of the appellant is based on the office order dated 26th June 2006 by which she was permitted to tender her joining in Utkramit Middle School, Hardala at Gamharia, subject to approval by the District Superintendent of Education. The order passed by the District Superintendent of Education on 17th November 2006 vide Annexure-9 forms part of the present Letters Patent Appeal in which the approval accorded by the Block Education Extension Officer has not been affirmed by him but this order of the District Superi