STATE OF BIHAR Vs. BADRI NARAYAN SINGH

JUDGEMENT

(1.) THIS appeal is barred by limitation.

(2.) ALONG with this appeal a petition under Section 5 of the Limitation Act bearing L.A. No. 3217/2002 has been filed for condoning the delay in filing the appeal. After having heard learned counsel for the appellant and having perused the averments made in the limitation petition, we are of the view that sufficient grounds have been made out to condone the delay in filing the appeal. Accordingly the delay in filing the appeal is condoned. I.A. No. 3217/ 2002 is allowed.

(3.) IN that view of the matter the direction issued by the learned single Judge to make available the funds by the State Govt. for payment of admitted retiral dues to the writ petitioner, in our view, is not according to law and that direction is accordingly set aside. This appeal is allowed.