THE STATE OF NAGALAND AND 4 ORS v. SMTI. B CAROLYN IMCHEN
Court: Gauhati High Court
Bench: HON'BLE MR. JUSTICE DEVASHIS BARUAH,HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
Judgment date:
Case summary
Gauhati High Court judgment dated 2024-02-21. THE STATE OF NAGALAND AND 4 ORS v. SMTI. B CAROLYN IMCHEN. Read the judgment and case details on LawSphereX.
Judgment text
Page No. # 1/3 GAHC020007082023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : I. A. (Civil)/150/2023 THE STATE OF NAGALAND AND 4 ORS THROUGH THE CHIEF SECRETARY TO THE GOVT. OF NAGALAND VERSUS SMTI. B CAROLYN IMCHEN GRADUATE TEACHER, GMS, TEACHERS COLONY MOKOKCHUNG NAGALAND DIMAPUR NAGALAND Advocate for the Petitioner : GOVT ADV NL Advocate for the Respondent : Linked Case : WA/13/2023 THE STATE OF NAGALAND AND 4 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF NAGALAND VERSUS SMTI. B. CAROLYN IMCHEN GRADUATE TEACHER GMS TEACHERS COLONY MOKOKCHUNG NAGALAND DIMAPUR NAGALAND Page No. # 2/3 2:THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF NAGALAND DEPARTMENT OF SCHOOL EDUCATION NAGALAND KOHIMA 3:THE PRINCIPAL DIRECTOR DEPARTMENT OF SCHOOL EDUCATION NAGALAND KOHIMA 4:THE DIRECTOR DEPARTMENT OF SCHOOL EDUCATION 5:THE SUB-DIVISIONAL EDUCATION OFFICER MOKOKCHUNG NAGALAND ------------ Advocate for : GOVT ADV NL Advocate for : TONGPOK PONGENER appearing for SMTI. B. CAROLYN IMCHEN Linked Case : I. A. (Civil)/151/2023 THE STATE OF NAGALAND AND 4 ORS THROUGH THE CHIEF SECRETARY TO THE GOVT. OF NAGALAND VERSUS SMTI. B CAROLYN IMCHEN GRADUATE TEACHER GMS TEACHERS COLONY MOKOKCHUNG NAGALAND DIMAPUR NAGALAND ------------ Advocate for : GOVT ADV NL Advocate for : appearing for SMTI. B CAROLYN IMCHEN BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 21. 02. 2024 (Devashis Baruah, J) The instant application has been filed by the applicants seeking Page No. # 3/3 condonation of delay of 186 (one hundred and eighty six) days in filing the accompanying writ appeal.
This Court have duly perused the writ appeal and from the contents thereof and the reliefs so claimed it reveals that the appeal is directed against the Judgment and Order dated 28. 06. 2022, passed in WP(C)/61/2020, whereby there was a direction to consider the case of the writ petitioner for regularization on the basis of an Office Memorandum dated 18. 02. 2004. Thereupon the record reveals that there was a contempt proceedings initiated for non-compliance to the Order dated 28. 06. 2022. Subsequent thereto, on 01. 06. 2023, a review application was filed, which was registered as Review Pet. /3/2023. Thereupon, the said review application was dismissed by an Order dated 31. 10. 2023. The record further reveals that on 05. 12. 2023 the accompanying writ appeal was filed.
Taking into account that the appellants herein have explained the grounds for which there has been a delay of 186 (one hundred and eighty six) days in preferring the instant appeal we are of the opinion that the same constitutes a sufficient cause within Section 5 of the Limitation Act and accordingly, condone the delay. The I. A. accordingly stands disposed. The Registry is directed to list the accompanying appeal on next Wednesday, i. e. 28. 02. 2024. Sd/- Sd/- JUDGE JUDGE Comparing Assistant
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