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Judgment
There is delay of 239 days in filing of the appeal. Application No. 604/2019 under Section 5 of the Limitation Act has been filed seeking condonation of delay in filing of the appeal.
For the reasons mentioned in the application, the same is allowed. Delay in filing of the appeal is condoned.
Heard learned counsel for the parties on appeal.
Writ petition filed by the respondent has been disposed of by the learned Single Judge vide order dated 02.08.2018 without issuing notice to the appellants. This cannot be countenanced. No writ petition can be disposed of without notice to the respondent.
As is informed to us in the appeal, had a notice been issued, the appellants could have informed the learned Single Judge that the respondent was employed as a Safai Karamchari to do part time work. The Bank had framed a Scheme of regularisation known as Recruitment of Part Time Sub Staff, 2017, which provided conditions of eligibility etc. The respondent realised that she was ineligible under the Scheme and thus filed the writ petition.
Surely, upon notice being issued, the learned Single Judge would have been called upon to decide the entitlement of the respondent in terms of the Scheme framed by the appellants. We do not comment any further least prejudice is caused to either side.
The appeal is allowed. Order dated 02.08.2018 is set aside.
The writ petition filed by the respondent is restored for adjudication on merits with a direction that it shall be decided after calling upon the respondents in the writ petition to file a counter. Office is directed to list the writ petition before concerned Single Bench on 25.11.2019.
Stay Application No. 9938/2019 stands disposed of.