- (1.) This interlocutory application has been preferred under Section 5 of the Limitation Act for condoning the delay of 112 days in preferring this Letters Patent Appeal. Heard. In view of the submissions made on behalf of the parties and the averments made in the interlocutory application, we are of the view that the appellant was prevented by sufficient cause in preferring the appeal within the period of limitation. Accordingly, I.A.No.994 of 2020 is allowed and delay of 112 days in preferring the appeal is condoned. L.P.A. No.61 of 2019 This instant intra-court appeal is directed against the order/judgment dated 07.09.2018 passed in W.P.(S) No.4802 of 2015 by the learned Single Judge of this Court, whereby and whereunder, the direction has been passed upon the respondent no.4-Project Officer, Kuju Siding to ensure deduction to the extent of 25 per cent from the salary of the respondent no.6 is affected and the amount is transmitted into the bank account of the writ petitioner, of which she shall furnish the details within a period of four weeks.
(2.) The brief facts of the case requires to be enumerated which is necessary for the lis reads as hereunder:- The writ petitioner who is daughter-in-law of late Raghunath Karmali, who was an employee of Kuju Siding and while working as Piece Rated Worker died on 10.07.2014 and after his death, the wife of the deceased employee Kachho Devi submitted a representation on 05.11.2014 requesting for providing compassionate appointment to her son Chhotelal Karmali, appellant herein. Thereafter, the writ petitioner has sought for a direction for payment of monetary benefits and compassionate appointment to her. But before that, the writ petition was filed, compassionate appointment to Chhotelal Karmali his brother-in-law-respondent no.6 was granted through appointment letter dated 25.06.2015. However, respondent no.6 has given an undertaking on 02.01.2015 that he shall look after and support other family members who were dependants on his father; one of the dependants is the widow daughter-in-law of the deceased employee, the petitioner before the writ Court. The writ petitioner, however, has made grievance before the authority that she was not being looked after by the respondent no.6, therefore, she sought for monetary benefits on the ground that the respondent no.6 is deviating from the undertaking dated 02.01.2015 to the extent to support other family members who were dependants on his father but the grievance having not been redressed, she preferred writ petition before the writ Court, which got disposed of vide order dated 07.09.2018 and is the subject matter of the present intra-court appeal, wherein the learned Single Judge has ordered to the Project Officer, Kuju Siding to ensure that deduction to the extent of 25 per cent from the salary of the respondent no.6 is affected and the amount is transmitted into the bank account of the writ petitioner, of which she shall furnish the details within a period of four weeks.
(3.) Mr. Ashutosh Anand, learned counsel appearing for the appellantrespondent no.6 has submitted by assailing the impugned order, inter-alia on the ground that it is the writ petitioner who has left the house even though the appellant is ready to keep her in the residence of the deceased employee but she is not ready to remain with the family members of the deceased employee. It has further been argued that the appellant to look after his widow mother, one widow sister along with her children and his wife and the children but due to deduction of 25 per cent from the salary for no fault on his own, he is facing financial crunch, which in consequence thereof, is not in a position to maintain other family members. Learned Single Judge has not appreciated these aspects of the matter. ;