Hemsagar Nayak v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Appeal No. 106 of 2019 {Arising out of order dated 02.01.2017 passed in Writ Petition (S) No. 5485 of 2016 by the learned Single Judge} Hemsagar Nayak, aged about 30 years, S/o Shri Khem Nidhi Nayak Occupation Service Terminated from the Post of Assistant Workshop Suptd. (Mechanical Branch) Kirodimal Govt. Polytechnic College Chakradharnagar Raigarh, Chattisgarh R/o village And Post Loharshingh Tahsil Pussore Distict Raigarh Chhattisgarh.

----Appellant

Versus

1. State of Chhattisgarh Through The Secretary Department of Technical Education Man Power And Planning Department Mahanadi Bhawan New Mantralaya New Raipur Chhattisgarh.

2. The Director Directorate Technical Education Raipur Chhattisgarh

3. The Public Service Commision Through The Secretary PSC Raipur Chhattisgarh

4. The Principal Kirodimal Government Polytechnic College, Chakradhar Nagar Raigarh District Raigarh Chhattisgarh.

---- Respondents For Appellant : Shri Rahul Tamaskar, Advocate.

For Respondent/State : Smt. Fouzia Mirza, Additional Advocate General. Hon'ble Shri Ajay Kumar Tripathi, Chief Justice Hon'ble Shri Parth Prateem Sahu, Judge Judgment on Board Per Ajay Kumar Tripathi, Chief Justice 13/02/2019 1.

Heard learned counsel for the parties.

2.

We have perused IA No. 1 of 2019, which is an application for condonation of delay. Since it does not provide any cogent and valid reason for condonation of delay when there is delay of 702 days, we are not inclined to condone it.

3.

The submission of the counsel for the Appellant is that since his case is similarly placed, that by itself may not be a good ground for condoning such delay, especially when he does not belong to the category of a daily wager or a Class IV employee. He is said to be an Assistant Workshop Superintendent working in the Polytechnic College in the State. 4.

IA No. 1 of 2019 is rejected. This appeal is dismissed on the ground of delay itself.

Sd/- Sd/- (Ajay Kumar Tripathi) (Parth Prateem Sahu) CHIEF JUSTICE JUDGE Amit