MIHIR KUMAR JHA, DIPAK MISRA
State Of Bihar – Appellant
Versus
Shail Devi Wife Of Late Dilip Kumar Pathak – Respondent
1. Having heard learned counsel for the parties as also after taking into account the facts and circumstances mentioned in this application seeking condonation of delay of a period of 521 days in filing of this appeal is condoned.
2. LA. No. 5004 of 2009 is accordingly disposed of. L.P.A. No. 1030 of 2009
3. Having condoned the delay, this Court with the consent of the parties has taken up the appeal on merits with a view to dispose of the same at the stage of admission itself.
4. By the impugned order dated 25.1.2008, the writ application filed by the respondent writ petitioner seeking relief for payment of post retirement benefit of her husband as also family pension to her has been allowed.
5. Learned counsel for the appellants has assailed the impugned order passed by the learned Single Judge by taking a plea that the aforesaid relief given to the writ petitioner despite an order of punishment passed against the husband of the respondent writ petitioner cannot be sustained in law specially when there was no specific prayer to that effect in the writ petition and as such the learned Single Judge was not justified in either quashing the same on her own while issuing a di
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