STATE OF GUJARAT Vs. HARSHADKUMAR A PANDYA

JUDGEMENT

(1.) This Civil Application is at the instance of the State of Gujarat, and another seeking condonation of delay of 320 days in filing the Letters Patent Appeal against the judgment and order passed by a learned Single Judge of this Court dated 25th March, 2019 in the Special Civil Application No. 8966 of 2004, by which, the learned Single Judge allowed the writ application filed by the original writ applicant (Government servant) and directed the State to pay the requisite amount towards the medical reimbursement to the writ applicant within a period of 6 weeks from the date of the receipt of the writ of the order. The learned Single Judge clarified that if the amount is not paid within 6 weeks, then, the writ applicant shall be entitled to 9% interest for the delayed period.

(2.) The averments made in the Civil Application for the purpose of assigning the sufficient cause reads as under :

(3.) We have heard Mr. Tirthraj Pandya, the learned AGP appearing for the State. Mr. Pandya, would submit that the delay has occasioned on account of certain administrative exigencies and such exigencies have been explained in the Civil Application. He would submit that the State Government has a good case on merits. He would submit that the learned Single Judge committed an error in taking the view that the writ applicant is entitled to seek medical reimbursement in accordance with the Rules. The learned AGP prays that in such circumstances, the delay may be condoned.