MOTICHAND YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) This interlocutory application filed under Sec. 5 of limitation Act for condoning the delay of 5 years 355 days in filing L.P.A. against the order dated 20.10.2014 passed by the learned Single Judge of this Hon'ble Court passed in C.W.J.C. No. 14254 of 2011.

(2.) This Court does not find that sufficient cause and explanation has been shown for condonation of inordinate delay of 5 years 355 days in filing L.P.A. against the order passed by the learned Single Judge, as such, the application for condonation of delay is rejected as a consequence of which L.P.A. No. 44 of 2021 is dismissed. L.P.A. No. 44 of 2021

(3.) This Court has also examined the case of appellant on merit and is in agreement with the view expressed by the learned Single Judge that Rule 87 of Bihar Pension Rule is applicable in cases of employees who have served armed forces for computation of qualifying service for grant of pension and appellant having not exercised his option within three months of joining the service of Government of Bihar nor he deposited the gratuity amount in the prescribed period, as such, he was not entitled for computation of his past service rendered in Indian Navy for purpose of computation and payment of pension by the Government of Bihar.