STATE OF RAJASTHAN Vs. SUDHA DEVI YADAV

JUDGEMENT

(1.) Heard on the application under Section5of the Limitation Act so as the appeal.

(2.) There is a delay of 50 days in filing of the appeal. However, the application would be decided after considering merit of the appeal in view of the judgments of the Apex Court in the case ofState of Haryana Vs. Chandramani, (1996) 3 SCC 132andN. Balakrishnan Vs. M. Krishnamurthy, AIR 1998 SC 3222. The judgments aforesaid rule the issue for consideration of application for condonation of delay. It is held that appeal should not be dismissed if the case has merit and otherwise delay is not such, which may defeat merit of the case thus consideration on the application would be made after considering merit of this case.

(3.) By this special appeal, a challenge has been made to the order dated 19th Sept., 2017, passed by learned Single Judge, allowing the writ petition preferred by the petitioner-non-appellant to seek benefit of ex-gratia grant and Special Pensionary Award.