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Judgment
This appeal is barred by limitation from 290 days. An
application is filed as per provisions of Section 5 of the Limitation
Act to have condonation of delay in filing the appeal. While looking
into the reasons given to have condonation of delay, we have also
looked into merits of the case.
By the judgment impugned dated 5.09.2014 learned Single
Bench directed the appellant-respondent Municipal Corporation to
examine service record of the respondent-petitioner if they have
completed 10 years of service then further to consider their case
for regularization of service in accordance with the directions
given by Hon''ble The Supreme Court in the case of State of
Karnatka & Ors. Vs. Uma Devi & Ors. reported in 2006 (4) SCC
page no.1.
Learned counsel appearing on behalf of Municipal
Corporation quite fairly states that the Corporation has already
recommended the candidature of the respondent-petitioner for
regularization in service and the same is pending consideration
before the State Government. In view of the stand taken by the
Municipal Corporation to comply with the directions given by
learned Single Bench, we do not find any just reason now to
examine correctness of the order passed by learned Single Bench
in appellate jurisdiction.
In view of it, the application preferred under Section 5 of the
Limitation Act is dismissed. In result, the appeal too is dismissed.