STATE OF BIHAR Vs. SUKHDEVA NARAYAN

JUDGEMENT

(1.) NOTICE in the limitation petition has been served upon the respondent

(2.) -Writ petitioner but despite such service he has not entered appearance, nor has shown any intention to contest the application for condonation of delay either by appearance or by filing a counter affidavit. Considering the averments made in the limitation petition we are of the view that there was sufficient reason for 23 days delay in preferring the appeal and accordingly we allow the application foi condonation of delay in preferring the appeal.

(3.) DESPITE service of notice of the appeal, the respondent -writ petitioner has not entered appearance nor has contested the appeal. After having had served for about five years in a private school, the respondent -writ petitioner switched over to the Government service. Subsequent to such switching over, the school in which the respondent -writ petitioner was working was taken over by the Government. Upon attaining the age superannuation on 30.10.1987, the respondent -writ petitioner retired from service. According to the respondent if he could serve for three more months he could have had his full pension. On 1.3.1988 the Government decided to extend the service of a Government employee for a period of three months in order to enable such Government employee to obtain full pension.