JUDGMENT : [Vivek Singh Thakur, J.] 1. Present petition has been preferred by the petitioner against return of appeal preferred by her under Clause 12 of ICDS Scheme/Guidelines issued for engagement of Anganwari Workers, on the ground that the said appeal was filed after expiry of limitation period of 30 days provided for filing the appeal under the said Clause. 2. Petitioner and respondent No.5 had applied for the post of Anganwari Workers and after conducting interview respondent No.5 was declared to be selected on 15.09.2020. Petitioner had preferred an appeal on 16.10.2020, which according to the respondents, was barred by limitation, as there was delay of one day. 3. It has been claimed by the respondents that as held in CWP No.1949 of 2008, titled as Hira Mani vs. Jaiwanti, being a statutory authority, in terms of the Policy guidelines, the Appellate Authority does not have the power under Section 5 of the Limitation Act, to condone the delay, and as no such power is conferred in the guidelines for condonation of delay, Appellate Authority, cannot enlarge the time by condoning the delay in filing the appeal, and therefore, return of appeal by Appellate Authority has been justified. 4. It has further been argued on behalf of respondent No.5 that even otherwise, appeal was not accompanied by any application for condonation of delay, so as to entitle the petitioner to claim condonation of delay in filing present petition. 5. Learned counsel for the petitioner has submitted that interview was conducted during extra ordinary circumstances of COVID-19 pandemic and in those days there was either complete Lockdown or partial Lockdown imposing certain restrictions on regular activities of the citizens and for that reason only Supreme Court vide order dated 22.03.2020, passed in Suo Motu Writ Petition (Civil) No(s).3 of 2020, had extended limitation period w.e.f. 15.03.2020 till further orders to be passed by the Court and, further that, thereafter, vide order dated 08.03.2021, it was ordered by the Supreme Court that in computing the period of limitation for any suit, appeal, application or proceeding, the period from 15.03.2020 till 14.03.2021 shall stand excluded and consequently, the balance period of limitation remaining as on 15.03.2020, if any, shall become available with effect from 15.03.2021. 6.
6. Relevant portion of order dated 23.03.2020 reads as under:- “To obviate such difficulties and to ensure that lawyers/litigants do not have to come physically to file such proceedings in respective Courts/Tribunals across the country including this Court, it is hereby ordered that a period of limitation in all such proceedings, irrespective of the limitation prescribed under the general law or Special Laws whether condonable or not shall stand extended w.e.f. 15th March 2020 till further order/s to be passed by this Court in present proceedings. We are exercising this power under Article 142 read with Article 141 of the Constitution of India and declare that this order is a binding order within the meaning of Article 141 on all Courts/Tribunals and authorities.” 7. Relevant portion of order dated 08.03.2021 reads as under:- “1. In computing the period of limitation for any suit, appeal, application or proceeding, the period from 15.03.2020 till 14.03.2021 shall stand excluded. Consequently, the balance period of limitation remaining as on 15.03.2020, if any, shall become available with effect from 15.03.2021. 2. In cases where the limitation would have expired during the period between 15.03.2020 till 14.03.2021, notwithstanding the actual balance period of limitation remaining, all persons shall have a limitation period of 90 days from 15.03.2021. In the event the actual balance period of limitation remaining, with effect from 15.03.2021, is greater than 90 days, that longer period shall apply. 3. The period from 15.03.2020 till 14.03.2021 shall also stand excluded in computing the periods prescribed under Sections 23(4) and 29A of the Arbitration and Conciliation Act, 1996, Section 12A of the Commercial Courts Act, 2015 and provisos (b) and (c) of Section 138 of Negotiable instruments Act, 1881 and any other laws, which prescribe period(s) of limitation for instituting proceedings, outer limits (within which the court or tribunal can condone delay) and termination of proceedings.” 8. On perusal of above referred orders passed by the Supreme Court, it is unambiguously clear that the said orders were also extended to all concerned authorities, and limitation period prescribed in all such proceedings irrespective of limitation prescribed under the General Law or Special Laws, whether condonable or not, were extended by the Supreme Court with respect to all kinds of proceedings to be adjudicated either before the Courts or Tribunals or Authorities. 9.
9. In view of above, petitioner is also entitled for benefit of aforesaid orders passed by the Supreme Court. Therefore, appeal preferred by her is to be considered within limitation and, therefore, petitioner is permitted to present the petition/appeal before concerned authority on or before 20.01.2023 and if petitioner presents he appeal before the concerned authority on or before 20.01.2023, the same shall be considered and to have been filed on 16.10.2020, as petitioner had filed the same before the Appellate Authority on that day. 10. Present petition was filed in this Court on 04.12.2020 i.e. before 14.03.2021 and, therefore, period from 20.04.2020 till 20.01.2023 spent for agitating her cause deserves to be extended. 11. Therefore, in terms of order dated 08.03.2021 passed by the Supreme Court, on presentation of appeal on or before 20.01.2023, the same shall be considered to have been filed within limitation period. 12. It is made clear that this Court has not made any observation on merits of the appeal preferred by the petitioner and on filing same, the same shall be considered and adjudicated by concerned authority on its own merit, in accordance with law. 13. Petition is allowed and disposed of in aforesaid terms, so also pending application(s), if any.