SPA/73/2022
2022 Latest Caselaw 3262 UK

     IN THE HIGH COURT OF UTTARAKHAND
                AT NAINITAL
          HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                             AND
             HON'BLE SRI JUSTICE MANOJ K. TIWARI

                        10TH OCTOBER, 2022
              SPECIAL APPEAL No. 73 OF 2022

Between:

Lalita Devi.
                                                              ...Appellant
and

State of Uttarakhand and others.
                                                          ...Respondents

Counsel for the appellant.          :   Mr. Anil Kumar Joshi, the learned
                                        counsel.

Counsel for respondent nos. 1 and   :   Mr. Vikas Pande, the learned Standing
2.                                      Counsel for the State of Uttarakhand.

JUDGMENT : (per Sri Vipin Sanghi, C.J.)

              The present Special Appeal is directed against

the order dated 13.01.2022 passed by the learned

Single Judge, dismissing the Writ Petition preferred by

the appellant being Writ Petition (S/S) No. 84 of 2022 to

assail the communication dated 19.07.2019 issued by

the Additional Chief Secretary, rejecting the appellant's

representation made in pursuance of the order passed in

Writ Petition No. 2271 of 2018.


2.            The grievance of the appellant related to her

appointment as a Computer Programmer in pursuance of
 the selection process, which stood culminated with the

declaration of the result on 17.04.2018.


3.        The learned Single Judge dismissed the Writ

Petition on the ground of delay and laches, since the

impugned communication was issued on 19.07.2019,

whereas the Writ Petition has been preferred only in the

year 2022.


4.        The submission of the learned counsel for the

appellant is that there was no delay and laches in filing

the Writ Petition, inasmuch as the COVID-19 pandemic

has intervened.


5.        We have heard the learned counsels, and

perused the record.


6.        We do not find any merit in the aforesaid

submission of the learned counsel for the appellant for

the reason that the impugned communication was issued

on 19.07.2019, whereas the COVID-19 pandemic hit the

country   only    in   March,   2020,   when   the   national

lockdown was imposed.       Even thereafter, it is not that

the pandemic has been raging continuously with the

same severity. The situation improved in the later part

of 2021. However, the Writ Petition was preferred only

                                2
 in January, 2022. There is no explanation as to why the

petitioner did not prefer the Writ Petition seeking

appointment,      soon   after    the     rejection   of   her

representation in July, 2019.


7.         We, therefore, do not find any reason to

interfere with the impugned order. The Special Appeal

is, accordingly, dismissed.


8.         In sequel thereto, pending application, if any,

also stands disposed of.


                                        ________________
                                         VIPIN SANGHI, C.J.


                                   _________________
                                   MANOJ K. TIWARI, J.

Dt: 10th October, 2022 Rahul