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District Inspector Of School, Deoria & Others v. Smt. Ram Dei Devi & Others - SPECIAL APPEAL DEFECTIVE No. 711 of 2005 [2005] RD-AH 6035 (21 November 2005)


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Special Appeal No. 711 of 2005

District Inspector of Schools Deoria & Anr.



Smt. Ram Dei Devi & Ors

Hon'ble Dr. B.S. Chauhan, J.

Hon'ble Dilip Gupta, J.

This special appeal has been filed against the judgment and order dated 28/2/2003 with a delay of 2 years and 231 days. The grounds for condoning the delay have been given in paragraphs 3, 4 and 5 of the delay condonation application which are as under:

"After receiving the judgment and order dated 28/2/2003 vide letter dated 10/4/2003 the same has been transmitted to the Additional Director of Education (Secondary) Allahabad and the Additional Director of Education (Secondary) in response thereto, sent the record to the Special Secretary, (Education) 2, U.P. Government, Lucknow and requested for grant of permission for filing the special appeal against the judgment and order dated 28/2/2003 vide letter dated 28/8/2003.

Again letter dated 9/3/2004 has been sent to the Deputy Director of Education and thereafter reminder dated 7/7/2005 has been sent to the Special Secretary U.P. Shashan (Education) 12 Anubhag, Lucknow requesting for granting the permission for filing the Special Appeal against the judgment and order dated 28/2/2003. In response to the above noted letter the permission for filing the special appeal was received vide letter dated 4/8/2005 written by Under Secretary U.P. Shashan, Education (12) Anubhag.

After receiving the permission vide letter dated 4/8/2005, the official was directed to contact the office of Chief Standing Counsel, High Court, Allahabad who contacted the office of Chief Standing Counsel. The file was allotted, dictated and prepared and the same is being filed without any further delay."

The aforesaid fact reveals a sorry state of affairs as to how the State authorities have acted in an irresponsible manner. The matter relating to grant of permission to file the Special Appeal remained pending for a long period of more than 2 years and no satisfactory explanation has been furnished for such an inordinate delay. The appeal is liable to be dismissed only on this ground. However, the matter deals with the appointment of Sweeper in 1991. Neither before the learned Single Judge nor before the Appellate Court, the present appellant could file the copy of the appointment letter issued to the said appointee. The dispute basically is whether she could be given an appointment being ''Chamar' as the post was reserved only for ''Bhangi'. If she had been working for such a longtime since 1991, there was no occasion for any of the authorities to agitate the issue. It is not evident from the document as to whether she had been appointed under the Dying in Harness Rules on compassionate ground or she had been appointed directly. In such a fact situation, neither the Appointing Authority nor the Approving Authority is in a position to state as to what are the current facts of the case. Special Appeal is dismissed.




Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites


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