State
of Jammu & Kashmir Vs. Dr. Ashok Kumar Gupta & Ors [1996] INSC 50 (11 January 1996)
Ramaswamy,
K.Ramaswamy, K.G.B. Pattanaik (J)
CITATION:
1996 SCC (2) 82 JT 1996 (1) 562 1996 SCALE (1)446
ACT:
HEAD NOTE:
O R D
E R
Though
the respondents have been served, no one is appearing either in person or
through counsel.
Leave
granted.
The
learned single Judge allowed the Writ Petition on the ground that the lecturers
were appointed on regular basis and satisfied the qualifications prescribed in
J & K Medical Education (Gazetted) Services Recruitment Rules, 1979 and
were appointed to time bound promotion by virtue of Government order No.
517-HME of 1987 dated 19.10.1987. The said order indicates that excluding the
time during which they had worked against ad hoc appointment, if they had
completed 7 years as on March 31, 1987, they would be designated on time bound
promotional scheme as Assistant Professors in the scale of Rs. 2350-4050/- w.e.f.
1.4.1987.
The
respondents had not completed 7 years' regular service as on that date. Yet
learned single Judge had given the benefit of the above G.O. There was a delay
of about 3 months in filing the appeal to the Division Bench. The Division
Bench of the High Court was not inclined to condone the delay on the ground that
proper explanation had not been given. We have considered the reasoning of the
learned Judges. On the facts and circumstances, we think that the explanation
given for the delay in filing the appeal is proper. It is notorious and court
would take judicial notice that no one would take responsibility for the delay
and in the process of leisurely consultations between different departments or
at different levels in the same department the limitation to file the appeal
gets barred. Refusal to condone the delay feeds public injustice and a premium
for lethargy and encourages mischief. Applying the pragmatic approach, the
explanation for the delay needs to be considered and the cause of justice
advanced and consideration angulated and accordingly, considered from that
perspective the delay gets condoned. The matter is remitted to the High Court
for fresh disposal on merits according to law.
The
appeal is allowed. No costs.
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