MD IZHARUL HAQUE Vs. STATE OF BIHAR

JUDGEMENT

(1.) AFTER having heard learned counsel for the parties and perused the grounds stated in the application for condonation of delay, we are satisfied that there was sufficient cause for not filing the appeal within time. The application for condonation of delay, therefore, shall stand allowed and the delay in filing the appeal shall stand condoned.

(2.) RULE is made absolute. No costs.

(3.) THE writ petition came to be instituted for a claim of post retirement benefits on the basis of the service period from November, 1951. to December, 1972 and the petitioner did not desire the credit for the period between 1.1.1973 to 31.1.1992 during which he was continuously absent from service. The learned Single Judge initially in the earlier petition directed for filing a representation and a representation was made before the concerned authority, the Chief Medical Officer -cum -Civil Surgeon, Rohtas. The Chief Medical Officer - cum -Civil Surgeon passed an order dated 9.7.2005, rejecting the request of the petitioner for interest on (he amount of pension and gratuity allowed to the petitioner as a result of which the claim for interest was further pursued before the Writ Court, unsuccessfully. The learned Single Judge has refused to give benefit of the alleged claim for interest on the delayed payment in the light of the peculiar facts and circumstances leading to the factum that the petitioner himself had remained absent for long 19 years and not prayed for any interest in the earlier writ petition, wherein, direction was given for filing a representation.