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IN THE HIGH COURT OF JHARKHAND AT RANCHI
M.S.SONAK, CJ, RAJESH SHANKAR
State of Jharkhand – Appellant
Versus
Baldeo Singh – Respondent
ORDER :
1. The present appeal has been preferred against the order/judgment dated 29.08.2023 passed by the learned Single Judge of this court in W.P.(S) No. 5067 of 2018 whereby the writ petition filed by the writ petitioners (respondent Nos. 1 & 2 herein) has been disposed of by setting aside the order dated 05.09.2018 passed by the Director, Employment and Training, Department of Labour, Employment and Training, Government of Jharkhand and they have been held entitled for all the benefits in view of grant of second MACP in the year 2013.
2. Since the present appeal is barred by limitation, it is appropriate to first consider the application filed on behalf of the appellants seeking condonation of delay.
I.A. No. 6529 of 2025
3. The present interlocutory application has been filed on behalf of the appellants/applicants seeking condonation of delay of 328 days in filing the present appeal. However, as per the Registry, the delay is of 339 days.
4. The learned counsel for the appellants submits that the appellant department came to know about the impugned judgment in its review meeting held on 13.03.2024 for verification of pay fixation of the writ petitioners and subsequent thereto, the
The court held that bureaucratic inefficiencies do not constitute sufficient cause for condoning delays in appeals, emphasizing accountability in litigation processes.
The law of limitation is strict and must be adhered to; bureaucratic delays are not sufficient grounds for condoning delays in filing appeals.
Condonation of delay under the Limitation Act requires substantial justification, and the State is treated no differently than private litigants in these matters.
The court emphasized the accountability of State-Authorities for inaction and held that the impersonal machinery of the government cannot be used as a ground for condonation of delay.
The court emphasized that delay in filing appeals must be strictly justified, and lack of bona fides or negligence can prevent condonation of delay.
The main legal point established in the judgment is that condonation of delay should not be used as an anticipated benefit for government departments, and there is a need for diligence and commitment....
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