1wp-3323-08 Lrs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION No.3323 OF 2008 Mr Dattatraya Devidas Lalge ..Petitioner. vs. State of Maharashtra & Ors. ..Respondents. Mr A.M.Joshi, Advocate for the Petitioner. Mr V.S.Gokhale, A.G.P. For Respondent Nos.1 to 3. Mr S.D.Patankar i/b M.S. Patankar for Respondent No.4. CORAM: D.K. DESHMUKH AND K.K.TATED,JJ DATED: 11TH NOVEMBER,2009 P.C.:- Rule. Returnable forthwith. Heard finally by consent of the parties. 2wp-3323-08 The petitioner by this petition challenges the order passed by the Social Welfare Officer declining to condone delay in filing the appeal. Though it does appear that the petitioner did not give any convincing reasons for condonation of delay, however, it appears that the petitioner was in service for a very long time and the delay is about 90 days and the petitioner is also willing to pay substantial cost of Rs.10,000/-to the Management for condonation of delay. In our opinion, considering the law laid down by the Supreme Court in the matter of condonation of delay in approaching the court and considering that the petitioner is a teacher in a deaf and dumb school where the petitioner was working from 1998, delay in filing the appeal deserves to be condoned. The petition is, therefore, disposed of in the following terms: (i) The order dated 13.12.2007 passed 3wp-3323-08 by the Social Welfare Officer declining to condone the delay in filing the appeal is set aside. (ii) Application filed by the Petitioner for condonation of delay is allowed. The Social Welfare Officer is directed to decide the appeal on its own merit in accordance with law. This is, however, subject to payment of Rs.10,000/- as cost which shall be deposited with Respondent No.4. The payment of cost is condition precedent. The Social Welfare Officer shall not hear the appeal unless the petitioner produced a receipt before him that the he has paid the amount of cost to the respondent No.4. (iii) Rule is made absolute accordingly. No order as to costs. (D.K. DESHMUKH,J) (K.K.TATED,J)