UNION OF INDIA Vs. KAMLA DEVI

JUDGEMENT

(1.) THIS intra -court appeal, filed on 19.08.2013, against an order dated 08.08.2011 as passed by a learned Single Judge of this Court in SBCWP No.795/2002, is reported to be time -barred by 682 days. It is also pointed out that as against the impugned order dated 08.08.2011, the appellants filed a review petition [No.21/2012], which was considered and rejected by the learned Single Judge on 09.01.2013. Obviously, this appeal has been filed more than 7 months even from the date of the order passed in review petition.

(2.) THE grounds as stated in the application seeking condonation are essentially indicative only of inexplicable delay in the offices of the appellants themselves. Even when it is stated that the Ministry of Home Affairs referred the matter to the Ministry of Law and Justice under a note dated 25.02.2013, the only submission thereafter is that the Ministry of Law and Justice, after the so -called due deliberations with the so -called 'other agencies' returned the file to the Ministry of Home Affairs under the note dated 12.07.2013. As to who had been those 'other agencies' is left only for a guesswork. Nothing explains as to why would it take about 4 1/2 months for the Ministry of Law and Justice to deal with the matter.

(3.) THE sum and substance of the matter had been that Shri Bhanwar Lal, husband of the respondent (writ -petitioner) was an ex - employee of the appellants, who retired from service with effect from 31.03.1982 and was receiving pension. However, he went missing in the month of August 1986 and, therefore, no pension was drawn by him or on his behalf. Then, a First Information Report about want of his whereabouts was lodged at the jurisdictional Police Station on 04.03.1994; and as such, family pension was allowed to the writ - petitioner from that date i.e., 04.03.1994. However, her claim for getting family pension for the period commencing from August 1986 until the month of February 1994 having been denied, she approached the Court in the writ jurisdiction.