Amrita Sinha, J. - (1.) Can 11265 of 2015 This is an application under Section 5 of the Limitation Act, 1963 filed by the West Bengal Board of Secondary Education praying for condonation of delay of 1853 days in preferring the appeal. CAN 3943 of 2018 This is an application under Section 5 of the Limitation Act, 1963 filed by the State of West Bengal praying for condonation of delay of 2833 days in preferring the appeal. The order under appeal was passed on 17-09-2010 by a learned single judge of this court in WP No- 15595 (W) of 2007. The operative part of the order under appeal reads as follows:- "Thus, having regard to the facts and circumstances of the case and the above decided authorities, the impugned order dated 02.04.2001 (annexure "P-10"), and order dated 13.10.2006 (annexed "P-13") are set aside and the 2nd respondent herein, namely the West Bengal Board of Secondary Education is directed to grant recognition of the said Junior High School within a period of four weeks from the date of communication of this order. Needless to mention, however, that once such recognition is granted, the 7th respondent herein, namely the District Inspector of Schools (S.E.), Malda will regularize the respective appointments of the petitioner Nos. 1 and 8 to 15 and as a natural consequence thereof, the petitioners will be entitled to their salaries including the salary in arrears and the other benefits from the date of their respective approvals. This order for payments is to be implemented within a further period of four weeks from the grant of recognition. The above order is to be treated to be mandatory by the concerned respondents herein. The application being CAN 2430/09 is allowed. Leave is granted to add the applicant as writ petitioner No. 16."
(2.) The order under appeal was an ex-parte one. It is the specific case of the appellants that the writ petition was filed in the year 2007 and no notice was served on the Board intimating that the matter would be taken up for final hearing on 17-09-2010.
(3.) It is the further case of the appellants that as the order was passed exparte they were not aware of the said order. The concerned education department intimated the said order to the appellants vide their letter dated 04-09-2012. The appellants vide their letter dated 21-01-2013 requested the Education department to forward a copy of the aforesaid order as the same was not available in their records. The order was communicated to the appellants by the learned advocate of the writ petitioners/respondents vide his letter dated 07-05-2013. It is only after receipt of a copy of the said order that the appellants got the knowledge of the same.;