Point of Law: “unavoidable” and “unspoken” circumstances cannot be taken shelter of to claim condonation of delay in approaching the Courts. In fact the course adopted by the State in preferring the review petition reflects gross negligence and inaction which in our considered opinion cannot be said to be bona fide. We are aware that a liberal view needs to be adopted by the Courts to advance substantial justice

JUDGMENT :

MANISH KUMAR, J.

1. Heard Shri Raghvendra Singh, learned Advocate General appearing for the review applicants-State Authorities on the prayer for condonation of delay in filing the review petition and perused the records.

2. The State of U. P. seeks review of the judgment and order dated 19.04.2016 passed by this Court in Writ Petition No. 1701 (S/B) of 2000 whereby the writ petition was dismissed. There is a delay of about 1730 days in filing the review petition from the date of judgment under review herein.

3. The judgment and order dated 19.04.2016 which is under review before us was earlier challenged by the State of U.P. by way of filing Special Leave Petition No. 7563 of 2017 with a delay of 252 days and the same was dismissed on the ground of delay by Hon'ble Supreme Court vide its order dated 05.07.2017. Thus, from the date Special Leave Petition was dismissed, there is a delay of about 1335 days in preferring the review petition.

4. Writ Petition No. 1701 (S/B) of 2000 was filed by the State challenging the judgment and order dated 08.10.1999 passed by the State Public Service Tribunal whereby parity in pay scale was granted to the respondents herein with the pay scale made available to one Shri Sheo Kumar Singh. The judgment of the Tribunal dated 08.10.1999 was based on an order dated 15.07.1998 passed by this Court in Writ Petition No. 3055 (S/S) of 1997 which was filed by Shri Sheo Kumar Singh and Shri Shafat Ali. This writ petition was finally disposed of by this Court by means of the order dated 02.11.2007 whereby the State was directed to provide the petitioners of the said writ petition, namely, Shri Sheo Kumar Singh and Shri Shafat Ali all service benefits and pay scale which were available to them while they were discharging their duties on the post of Electrician.

5. As noticed above, against the judgment dated 19.04.2016 which is under challenge in the review petition, the State had filed the Special Leave Petition bearing No. 7563 of 2017 which was dismissed by Hon'ble Supreme Court by means of the order dated 05.07.2017 on the ground that State had failed to give any justifiable reasons to condone the delay of 252 days in filing the said Special Leave Petition. It is also noteworthy that the order dated 08.10.1999 passed by the Tribunal was implemented by the State vide an order dated 18.10.2017. After dismissal of the Special Leave Petition by means of the order dated 05.07.2017 and after compliance of the order passed by the Tribunal on 18.10.2017, this matter ought to have been put at rest, however, now the review petition has been filed after lapse of a period of about 1335 days from the date when the Special Leave Petition was dismissed. As observed above, delay in preferring this review petition from the date of judgment under review is about 1730 days, whereas such delay from the date of dismissal of Special Leave Petition is about 1335 days.

6. In the affidavit filed by the review applicants-State certain explanation has been sought to be given for such huge delay in preferring this review petition. However, on a conscious consideration of the averments made in the application seeking condonation of delay and the affidavit filed in support thereof, what we find is that the delay has not been sufficiently explained; rather in the facts of the case, what we conclude is that there has been unjustifiable laches and callousness on the part of the State in preferring this review petition.

7. It has been stated in the application seeking condonation of delay that the order dated 19.04.2016 which is under review was served upon the State on 02.05.2016 and thereafter the matter is said to have been examined by the Director General, Medical and Health Services. On 19.05.2016 the Joint Secretary of the State Government in the Department of Finance wrote a letter to the Principal Secretary of the Medical and Health Department for a meeting and thereafter on 31.12.2016 it was decided to file Special Leave P