SINCHAI BHAWAN, PATNA Vs. KISHORI LAL, SON OF LATE MUNAKA LAL, RETD.EXECUTIVE ENGINEER (IC), WATER RESOURCES DEPARTMENT (IRRIGATION), GOVT.OF BIHAR, PATNA

JUDGEMENT

(1.) This is an application for condonation of delay of 1 year 109 days in preferring the appeal.

(2.) In the application for condonation of delay it has been averred on what circumstances the delay has occurred. In paragraph 4 of the application, the procedural aspects have been exposited and eventually in paragraphs 6 to 8, it has been averred as follows:-

(3.) In support of the application it is submitted by Mr. Prabhat Kumar Singh, learned Standing Counsel XXI for the State that the grounds which have been urged are genuine and, that apart, if the delay is not condoned, the State would be under obligation to pay 9% interest on all service dues. It is canvassed by him that the writ petitioner had not prayed for all service dues and, in fact, could not have prayed for as departmental proceedings were initiated against him. It is his further submission that when the learned single Judge has taken note of the fact that there has been remand of the departmental proceedings by virtue of the order passed in C.W.J.C. No. 9070/ 1997, there was no ground to direct grant of interest of all service dues as well as retiral dues. Mr. Singh has invited our attention to the order passed on 30.10.2009 in C.W.J.C. No. 11689/2009 whereby both the departmental proceedings have been quashed and after quashment of the said proceedings this Court had passed following orders:-