I.A.(Civil) 1010/2016. Gauhati High Court
| Case Number | I.A.(Civil) 1010/2016 |
| Judgement Date | November 22, 2017 |
| Court | Gauhati High Court |
I A ( Civil) No.1010 of 2016 I n WA No._______/ 2016
BEFORE
HON’BLE THE CHI EF JUSTI CE MR. AJI T SI NGH HON’BLE MR. JUSTI CE MANOJI T BHUYAN
2 2 .1 1 .2 01 7 ( Aj it Sin gh , C.J.)
Ms. P Bhattacharjee, learned counsel for the applicants.
Mr.G Alam and Mr.D Nag, learned counsel for Respondent Nos.1 to 33 & 33 to 46.
Heard on I .A.(Civil) No.1010/ 2016, which is an application for condonation of delay of 315 days in filing annexed unregistered Writ Appeal against the judgment and order dated 10.8.2015 passed by the learned Single Judge of this Court, Aizawl Bench, whereby he has allowed non-applicants’ WP(C) No. 102/ 2014.
The case of the non-applicants was that they were appointed as Middle School Teachers in the year 2001 under Centrally Sponsored Scheme. After the Scheme was discontinued in the year 2003, they were engaged as Middle School Teachers on contract basis under Sarva Shiksha Abhiyan. Unfortunately, Sarva Shiksha Abhiyan was also discontinued in the year 2008, whereafter, they were engaged on contract basis under the State of Mizoram by different engagement orders in the same year 2008. Since the State was not considering their claim for regularization, they filed WP(C) No.23/ 2013 which was disposed of vide order dated 4.9.2013 directing the State Government to consider their claim for regularization under the Regularisation Scheme of 2008. I n the result, their services were regularized on the recommendation of Departmental Promotion Committee vide order dated 9.9.2014. But, in the said order, it was stipulated that past services shall not be counted for the purposes of pensionary benefits. Aggrieved the non-applicants filed WP(C) No.102/ 2014. And the learned Single Judge after hearing the parties, by the impugned order
has directed that past services of the non-applicants rendered as continuous contract employees shall be counted as qualifying service for leave and pensionary benefits. The order of the learned Single Judge is based on the Regularisation Scheme of 2008 which provides that past service rendered as continuous contract employees shall be counted as qualifying service for leave and pensionary benefits.
Admittedly, there is a huge delay of 315 days in filing the appeal. We shall, therefore, examine whether there is “sufficient cause” for condonation of such a huge delay. The application for condonation of delay is supported by an affidavit of Liansangzuala, Deputy Resident Commissioner, Mizoram House, Guwahati...
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