- (1.) Re: CAN 9090 of 2019 This is an application for condonation of delay of 936 days in preferring the present appeal. The appeal arises out of an order passed by a learned single judge on December 1, 2016 in WP 23174(W) of 2016 disposing of the writ petition directing the District Inspector of Schools (Primary Education), Kolkata to process the pension papers of the petitioners and forward the same to the Accountant General within three weeks from the date of communication of the order. The Accountant General was directed to issue Pension Payment Order in favour of the writ petitioners without further delay within a period of four weeks from the date of receipt of the pension papers.
(2.) The application mentions that by a communication dated April 21, 2017 the Accountant General (AE), West Bengal requested the District Inspector of Schools not to forward the pension papers to him for authorisation since the writ petitioners' case relating to the DA-getting school was not covered under the notification of December 12, 1972.
(3.) We have heard the learned Government Pleader as well as Mr. Gupta, the learned advocate for the petitioners and have examined the application. There is practically no explanation for the enormous time taken by the State to prefer an appeal. The application mentions that on June 21, 2017 the District Inspector of Schools received a notice for contempt which he had sent seeking instruction. All that it says is that after some correspondence between the office of the Accountant General (A and E) and the education department a proposal for filing an appeal was made on September 6, 2018. The Accountant General had already filed an independent appeal. On September 12, 2018 the Directorate of School Education made a request to the learned Legal Remembrancer for obtaining a certified copy of the impugned judgement and order. On September 24, 2018, as mentioned in the application, the District Inspector of Schools was requested to take necessary steps for filing an appeal.;