- (1.) THIS intra-Court appeal is directed against the impugned order of the Single Bench dated 04.05.2010, whereby writ petition of writ-petitioners, has been allowed with a direction to respondents to give regular pay scale to writ-petitioners from the year 1993, from the respective date their juniors were given the regular pay scale.
(2.) THERE is delay of 648 days in filing the special appeal. Counsel for the appellant has filed an application under Section 5 of the Limitation Act, wherein he has tried to explain the delay in para Nos.2 and 3 of the application, which are reproduced as under:- "2) That it is submitted that after passing of the impugned order dated 4.5.2010 the certified copy of the order was obtained and the same was forwarded to the Director, Local Self Department, Raj., Jaipur alongwith the opinion for filing Special Appeal against the order passed by the Hon'ble Single Judge and thereafter the matter was processed at Directorate level at the various stages and ultimately the decision was taken to file the Special Appeal and in the said process the certified copy of the order passed by the Hon'ble Single Judge was misplaced and, therefore, the fresh applications for obtaining the certified copies of the order was submitted and on receiving the certified copies of the orders the present Special Appeal is being filed by the appellant before this Hon'ble Court and thus it is clear that there is no deliberately and willful delay on the part of appellant in filing the Special Appeal before this Hon'ble Court and the delay has been caused due to administrative procedure and grant of sanction and the same deserves to be condoned in the larger interests of justice and the delay caused in filing the appeal is, just proper and sufficient in the facts and circumstances stated above. 3) That in the facts and circumstances stated above there is just, sufficient and properly explained delay and cause for not filing the Special Appeal within prescribed period of limitation and the same deserves to be condoned in the facts and circumstances of the case and in the larger interests of justice." From the averments made in the application, reproduced above, it is clear that explanation furnished for such a huge delay is that certified copy of the order was obtained and the same was forwarded to the Director along with the opinion for filing the special appeal; thereafter matter was processed at Directorate level at the various stages and ultimately the decision was taken to file the special appeal and in the said process the certified copy of the order passed by the Single Bench was misplaced, therefore, fresh application for obtaining certified copy was submitted.
(3.) FROM the averments, it is clear that no specific fact has been mentioned as to when application for obtaining certified copy was filed; when copy was ready and when it was delivered; when the file was sent to the Director along with opinion and when the decision was taken. It has also not been explained as to when first certified copy of the order was misplaced and on which date, another application for obtaining certified copy was filed and when it was delivered.;