JUDGEMENT
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(1.) This judgment will dispose of this revision petition as well
as connected Civil Revision Nos. 5303 to 5307, all of the year 2005.
For facility of reference, facts are being taken from Civil Revision No.
5302 of 2005.
(2.) This revision petition has been filed against the judgment
and decree dated May 21, 2005, vide which appeal of the petitioners
was dismissed being time -barred. It is apparent from the records that the
respondents filed a suit claiming declaration and mandatory injunction
to the effect that they were entitled to receive higher pay scale. Suit was
filed in the year 1999 and it was decreed on December 18, 2000.
Appeal was filed on April 13, 2005. It is apparent from the records that
certified copy of the judgment and decree was received on January 3, 2001. A
copy thereafter was forwarded to the Law Department on January 3,
2001. Vide letter dated January 12, 2001, it was intimated by the Law
Department that the case was not fit for filing any appeal. Similar
opinion was given by the Law Department in many other cases and
accordingly no appeal was filed. After about four years, first appeal
was filed, which was dismissed. It is also apparent from the records that
when respondents filed execution, even then no action was taken.
Under similar circumstances, while dismissing Civil Revision No. 4186 of
2005, filed by the petitioners in a similar matter, this Court has opined
as under:
"This Court feels that a very negligent and indifferent
attitude has been adopted by the petitioners in dealing the
matter. Explanation given for condonation of delay is totally
unsatisfactory. It is true that matters be not decided on
technicalities but present is the case where due to lapse on
the part of the petitioners, a right has accrued to the
respondent, which cannot be taken away at this stage.
Appellate Court below has noticed that no extra ordinary
ground has been made out on the basis of which delay can
be condoned. Merely because some enquiry has been
initiated against the officer, who initially made a report in
the year 2001, is no ground to condone the delay."
(3.) In view of facts mentioned above, no case is made out for
interference in pure findings of fact, as no substantial question of law
has been raised. Dismissed.;
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