Sri Jatindra Das & Ors vs The State Of Tripura & Ors
2024 Latest Caselaw 1109 Tri

Tripura High Court

Sri Jatindra Das & Ors vs The State Of Tripura & Ors on 9 July, 2024

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                          HIGH COURT OF TRIPURA
                                AGARTALA

                                IA No. 01 of 2023
                                I.A. No.02 of 2023
                              in WA No.45 of 2023

Sri Jatindra Das & Ors.
                                                       ...... Appellant-Applicant(s)
                               VERSUS
The State of Tripura & Ors.
                                                                ...... Respondent(s)

For Appellant-Applicant(s) : Mr. S. Lodh, Adv. For Respondent(s) : Mr. Samarjit Bhattacharjee, Adv.

Mr. D. Paul, Adv.

Ms. A. Chakraborty

BEFORE HON'BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH HON'BLE MR. JUSTICE S. DATTA PURKAYASTHA Order 09.07.2024

I.A No. 01 of 2023

Heard Mr. S. Lodh, learned counsel appearing for the appellant-

applicants on the prayer for condonation of delay of 88 days in preferring the

instant memo of appeal along with leave application.

The appellant-applicants contend that they are likely to be affected

by the impugned order passed in favour of the writ petitioners under Section 34

of the Tripura Police Service Rules, 1967 granting relaxation in the upper age

limit of 55 years for being considered for promotion to TPS, Grade-II.

Learned counsel for the appellant-applicants submits that after

coming to know of the decision of the learned Writ Court, since the appellant-

applicants were not impleaded as party in the writ petition, they collected

documents, obtained the certified copy of the judgment and order dated 9 th

January, 2023 passed by the learned Writ Court and thereafter, the present

appeal has been preferred. The delay is unintentional. It may be condoned.

Learned counsel for the State is present and learned counsel for

some of the private respondents are present. After the order dated 23rd April,

2024, the affidavit in respect of service of notice upon the remaining

respondents No.10,19 and 24 has also been filed by the official respondents.

Mr. S. Bhattacharjee, learned counsel who appears for respondent

Nos. 6, 11, 13, 15, 21, 25, 26 & 27 does not oppose the prayer for condonation

of delay.

Learned counsel appearing for the State also does not oppose the

prayer for condonation of delay.

Having regard to the explanation urged and upon considering the

submission of the learned counsel for the parties, the delay of 88 days in

preferring the instant memo of appeal is condoned.

I.A. is disposed of.

There is no opposition to the application for leave preferred by the

appellant-applicants for being allowed to pursue this appeal either by the

learned counsel of the official respondents or the private respondents. As such,

the leave application is also allowed and disposed of.

Let the matter be listed under the heading of admission.

(S. D. PURKAYASTHA) J (APARESH KUMAR SINGH) CJ

SUJAY GHOSH Digitally signed by SUJAY GHOSH Date: 2024.07.10 16:04:41 +05'30'

Sujay