Laldeo Prasad S/o Shri Ramji Mahto v. State Of Bihar
2010-04-06
DIPAK MISRA, MIHIR KUMAR JHA
body2010
DigiLaw.ai
JUDGEMENT 1. I.A. No. 3317/2010 This is an application for condonation of delay of 23 days in preferring the appeal. 2. Having heard Mr. Banke Bihari Singh, learned counsel for the appellant, Mr. Sidhartha Prasad, learned counsel for the State and Mr. Dhruba Mukherjee, learned counsel for respondent no. 6, the delay in filing of the appeal shall stand condoned. 3. I.A. is accordingly, allowed. L.P.A. No. 641/2010 4. As we have condoned the delay, we are inclined to take up the appeal and on consent of the parties it is taken up for admission and final disposal. 5. In this intra-Court appeal assail is to the order dated 29.1.2010 passed by the learned Single Judge in C.W.J.C. No. 14294/2009. On a perusal of the order passed by the learned Single Judge it is patent she has declined to interfere as the writ petition was hit by the doctrine of delay and laches. As far as such determination by the learned Single Judge is concerned, we are disposed to think the same is absolutely flawless. At this juncture Mr. Singh had drawn our attention to paragraph 13 of the Memorandum of Appeal. The said paragraph reads as under: "That the Director, Yakshma Training Centre, Agam Kuan, Patna-7, Govt.of Bihar, Health Department, Yakshma Central Programme had issued an advertisement in daily newspaper, Hindustan, dated 8.3.2006 inviting application from retrenched Yakshma employees alongwith appointment letter and other related documents regarding their services, so that action may be taken for regularization of their services in light of direction of Honble Apex Court as well as Honble High Court." 6. In view of aforesaid, we are only inclined to direct the competent authority of the State Government to deal with the application, if pending, which has been filed in accordance with the advertisement issued on 8.3.2006, within a reasonable period of time. 7. With the aforesaid modification in the order of the learned Single Judge, the appeal stands disposed of without any order as to costs.