ASHIM KUMAR BANERJEE,J. - (1.) The appellant's mother was a Primary Teacher under the District Primary School Council, Burdwan. She died in harness on May 10, 1996 leaving her surviving her ailing husband, who was a retired employee, two unmarried daughters and one son. The appellant was the only son, who applied for compassionate appointment before the Council on July 30, 1997. The Council rejected his prayer that prompted him to file a writ petition being WP 21727(W) of 1998. The learned Single Judge directed the authority to consider his representation and dispose of the same by a reasoned order. Accordingly, the Chairman passed a reasoned order on April 17, 2001 that became the subject matter of the second writ petition being WP 9288(W) of 2002. The learned Single Judge dismissed his writ petition by observing that the appellant failed to satisfy the court as to the infirmity in the reasoned order. He failed to prove his financial stringency that had arisen after untimely death of his mother.
(2.) Being aggrieved, the appellant has come up in appeal after nine years along with an application for condonation of delay.
(3.) The department calculated the delay. The appeal is barred by 3310 days. The learned Counsel appearing for the appellant submits that the delay was due to lack of appropriate resource to approach the court of law. Pertinent to note, the appellant has preferred the instant appeal through the Legal Service Authority to whom he approached in 2010. Even if we condone the delay after 2010, the delay caused between 2002 and 2010 would require sufficient explanation, which is conspicuously absent. The learned Counsel has referred to a decision of the Apex Court in the case of State of Bihar v. Kameshwar Prasad Singh reported in All India Reporter 2000 Supreme Court 2306. He has relied upon paragraphs 13 and 14 of the said decision. If we look to paragraph 14, we would find that the Apex Court was of the view, "the technicalities of law cannot prevent us from doing substantial justice and undoing the illegalities perpetuated on the basis of the impugned judgments.";