Jharkhand High Court
The State Of Jharkhand Through ... vs Pankajini Das on 15 July, 2025
Author: Rajesh Shankar
Bench: Rajesh Shankar
2025:JHHC:19135-DB
IN THE HIGH COURT OF JHARKHAND AT RANCHI
L.P.A. No. 288 of 2025
1. The State of Jharkhand through Secretary, Human Resources
Department, Project Building, Dhurwa, P.O. Dhurwa, P.S. Jagarnathpur,
District Ranchi, Jharkhand.
2. The Director, Secondary Education, Government of Jharkhand Project
Building, Dhurwa, P.O. Dhurwa, P.S. Jagarnathpur, District Ranchi,
Jharkhand.
3. The Deputy Commissioner, Seraikella, P.O. & P.S. Seraikella, District
Seraikella - Kharswan, Jharkhand.
4. The Regional Deputy Director of Education, Kolhan Division,
Chaibasa, P.O. & P.S. Chaibasa, District West Singhbhum, Jharkhand.
5. The District Education Officer, Seraikella-Kharswan, P.O. & P.S.
Kharswan, District Seraikella-Kharswan, Jharkhand.
... Appellants
Versus
1. Pankajini Das, daughter of Late Aditya Prasad Das, resident of Village
Kumharsai, P.O. & P.S. Kharswan, District Seraikella-Kharswan,
Jharkhand.
2. The Accountant General, Jharkhand, North Office Para, Doranda, P.O.
& P.S. Doranda, District Ranchi, Jharkhand.
.... Respondents
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CORAM: HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE RAJESH SHANKAR
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For the Appellants : Mr. Ratnesh Kumar, S.C. (L&C)-I.
For the Respondents : Mrs. Richa Sanchita, Advocate.
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C.A.V. On: 08.07.2025 Pronounced On: 15.07.2025
Per M.S. Ramachandra Rao, C.J.
I.A. No. 6206 of 2025 in/and L.P.A. No. 288 of 2025
This application is filed under Section 5 of the Limitation Act,
1963 to condone delay of 369 days in filing the Appeal challenging the
judgment dt. 01.11.2023 of the learned Single Judge in W.P. (S) No.5990
of 2019.
2. In the application filed seeking condonation of delay, it is stated
that after the judgment was pronounced on 01.11.2023, on 19.01.2024
the file was forwarded to the Advocate General for filing L.P.A. against
judgment of the learned Single Judge; thereafter on 16.08.2024, after
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2025:JHHC:19135-DB
seeking guidance of the Advocate General, it was forwarded to the legal
section for drafting of statement of facts and grounds of appeal.
3. It is stated that the Advocate General gave his opinion for filing
L.P.A. on 28.08.2024 through the office of Standing Counsel (L&C)-I.
Thereafter, statement of facts was prepared and forwarded on 01.10.2024
to the office of the S.C. (L&C)-I. Thereafter, the L.P.A. was filed on
04.12.2024.
4. A reading of the application indicates that between 01.11.2023 and
19.01.2024 no steps were taken to file the L.P.A. by the applicant though
they were fully aware that the limitation for filing the appeal was only 30
days on the date of the judgment of the learned Single Judge.
5. Also having forwarded the file to the Advocate General's office on
19.01.2024, none from the appellant-Department pursued it till
16.08.2024, i.e. for almost 7 months, and even though the Advocate
General gave opinion on 28.08.2024, for a further three months, L.P.A.
was not filed.
6. At every stage of the process, there has been a delay on the part of
the applicants in taking steps to file the L.P.A. The applicants are
expected to be more diligent in the matter. We are satisfied that sufficient
cause has not been shown by the applicants for condoning the inordinate
delay of 369 days in filing the L.P.A. in the instant case.
7. Therefore, the application for condonation of delay is dismissed.
Consequently, the L.P.A. is dismissed.
8. Pending Interlocutory Application(s), if any, shall also stand
disposed of.
(M. S. Ramachandra Rao, C.J.)
(Rajesh Shankar, J.)
APK
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