STATE BANK OF INDIA Vs. SHANKAR LAL PANDYA

JUDGEMENT

(1.) We have heard learned counsel appearing for the parties.

(2.) The delay in filing the Special Appeal has been explained on the ground that one other petition filed by the petitioner/respondent for promotion was allowed. The Bank, considering the fact that the respondent had superannuated in the year 1998 and after extensions in service, was finally relieved on 31.05.2001, and has been paid all the retiral benefits and made entitled to pension, the Special Appeal was not necessary to be filed. The respondent, however, made a claim for promotional benefits, on which the matter was re-examined, and this Special Appeal has been preferred.

(3.) After hearing learned counsel for the appellant-Bank, and perusing the counter affidavit, filed to the application for condonation of delay, we find that the cause shown for delay is good and sufficient. The delay in filing the Special Appeal is, accordingly, condoned. The application under Sec. 5 of the Limitation Act is allowed.