STATE OF RAJASTHAN v. RAJASTHAN SAHKARI BANK KARAMCHARI SANGH UNIT AJMER
2015-04-28
ATUL KUMAR JAIN, SUNIL AMBWANI
body2015
DigiLaw.ai
JUDGMENT 1. We have heard learned counsel appearing for the State of Rajasthan, and learned counsel appearing for the respondents. 2. This Special Appeal arises out of the judgment of learned Single Judge, dated 19.11.2013, by which he has disposed of the writ petition with directions that the recovery, to be made from the employees of the Cooperative Society, will be subject to resolution, to be passed by the Society by way of fresh resolution, to allow the benefit of 13th Pay Settlement, subject to the observations made in the judgment. 3. The appeal has been preferred by the State of Rajasthan, through the Principal Secretary, Department of Cooperative, and the Registrar of the Cooperative Societies, with delay of 79 days. 4. The explanation of delay has been strongly objected to by learned counsel appearing for the respondents. He submits that delay has not been adequately explained at all. 5. In the application for condonation of delay, an explanation has been offered, as follows:- “2. That the delay had occurred firstly on account of the fact the certified copy of the impugned dated 19.11.2013 was obtained by the counsel of the appellants on 18.12.2013. Thereafter the same was sent in the office of the appellants by him. 3. That thereafter the matter was examined by the Legal Cell of the Department and after a decision for filing the Special Appeal was taken by the department, the case was handed over to the present counsel of the Department in the first second week of April, 2014. 4. That counsel took his time to find out the case.” 6. In the application, the day-to-day delay has not been explained, and further a completely vague ground for condonation of delay has been given, that after a decision was taken to file the Special Appeal, the case was handed over to the present Counsel, who took his time to find out the case. 7. In our view, the delay has not been satisfactorily explained, and further in view of the fact that recovery has been made subject to fresh resolution, there is no good ground to condone the delay in filing the Special Appeal, which has been filed at the instance of the State of Rajasthan through Principal Secretary, Department of Cooperative, and Registrar of the Cooperative Societies. 8. The delay condonation application is rejected. 9. The Special Appeal is, accordingly, dismissed.