Commissioner/Secretary To Govt. School Education Department And Others vs Ranjana Sharma And Another

We have heard learned counsel for the parties on this application seeking condonation of delay in filing the Letters Patent Appeal assailing the

judgment dated 6th March, 2018, whereby SWP No.2106/2006 was allowed.

By this judgment, the applicants came to be directed to issue an appointment order in favour of the petitioner with all consequential benefits minus

the monetary benefits on the same analogy and terms on which the respondent No.5-Sunita Devi had been appointed as Rehbar-e-Taleem Teacher in

Middle School Choi, Village Tridwan, Lakhanpur Zone. The applicants have submitted that in view of non-compliance of the judgment dated 6th

March, 2018, the writ petitioner (respondent No.1 herein) had filed contempt petition being CPSW No.590/2018 against the respondents.

In the meantime, on 9th April, 2018 the judgment of the learned Single Judge was forwarded to the Director School Education, Jammu with a

request to furnish a detailed report. The report was furnished by the Director School Education, Jammu on 2nd June, 2018. On 18th June, 2018, the

Director School Education, Jammu was requested to furnish a specific recommendation for filing Letters Patent Appeal.

By an order dated 28th May, 2019 in CPSW No.590/2018, the Court directed the respondent No.2-the Director School Education, Jammu, to file

the compliance report/statement of facts, failing which he was directed to appear in person before the Court.

For the reason that the Government Order No.919-Edu of 2018 dated 16th November, 2018 had been issued formally closing the ReT Scheme, the

Director School Education, Jammu informed on 24th June, 2019 that on account of closure of the Scheme, no fresh consideration could be accorded

under a non-existent Scheme and requested for filing of a Letters Patent Appeal or a Review Petition. The Director School Education, Jammu

followed up this request with the communication dated 2nd July, 2019 to the administrative department to seek legal advice and opinion of the

department of Law, Justice and Parliamentary Affairs.

The applicants have referred to an order dated 30th July, 2019 passed in the contempt proceedings directing filing of a compliance report failing

which the Commissioner/Secretary to Government, School Education Department as well as the Director School Education, Jammu were directed to

appear in person. This order was followed by another order dated 28th August, 2019. On 16th September, 2019, an undertaking was given to comply

with the direction issued by the Court. The Court extended the time till 30th September, 2019, failing which it was directed that the salary of the

Director School Education, Jammu shall not be disbursed for the month of September, 2019. On 18th September, 2019, the department of Law, Justice

and Parliamentary Affairs, recorded its advice to file a Letters Patent Appeal assailing the judgment dated 6th March, 2018.

For the reasons stated and specifically having with regard to the impact which may result on account of the judgment dated 6th March, 2018, we

are conditionally inclined to condone the delay which has occurred in filing the appeal.

In view thereof, we direct as follows:

i) Subject to the applicant paying costs of ₹ 50,000/- (Fifty Thousand only) to the respondent No.1 within a period of two weeks from today, the delay

in filing the appeal is hereby condoned. The costs shall be paid by means of a bank draft in the name of respondent No.1 which shall be handed over

to the learned counsel for the respondent No.1.

ii) It is further directed that the applicants shall conduct an enquiry against the persons who were responsible for the delay in filing of the Letters

Patent Appeal. Such enquiry shall be concluded within a period of four weeks from today. The costs which we have directed to pay shall be

recovered from the salary/benefits of the person who would be found responsible for the delay.

iii) The report of the enquiry as well as the proof of the recovery thereof shall be filed before this Court before the next date of hearing.

iv) It is made clear that the appeal shall be heard only if the enquiry is concluded and the costs as above are recovered from the persons responsible

for delay in filing the appeal.

This application is allowed on the above terms.

List on 20th April, 2020.