- (1.) We are satisfied with the reasons given in the above application for not preferring the appeal within the period of limitation. Accordingly, the delay of 83 days in preferring the above appeal is condoned. Let the appeal be registered if it is otherwise in form. The application is allowed. Application for stay dated 14.7.95. Heard the learned Counsel appearing for the parties, it appears that pursuant to the order of the learned Trial Judge even during the pendency of the appeal and application for condonation of delay as also stay application the writ petitioners/opposite party has already been appointed in the post in question
(2.) Dr. Banerjee, learned Counsel appearing for State of West Bengal and Mr. Ghosh, learned Advocate appearing for the Managing Director, West Bengal State Minor Irrigation Corporation Limited State that appointment which has been given effect to by the State was given pursuant to the order of the learned Trial Judge. Dr. Banerjee submits that as the appointment has already been given, the appellant does not want to take away the said appointment irrespective of the merits of the appeal.
(3.) In that view of the matter we have decided to hear out the matter on its merits as to whether the State was decided the matters on the decision of the learned Trial Judge was based on correct principle or not.;