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2016 Supreme(Pat) 659

HEMANT GUPTA, AHSANUDDIN AMANULLAH
State of Bihar – Appellant
Versus
Dhirendra Prasad Shrivastava, son of late Baidyanath Prasad – Respondent


Advocates Appeared:
For the Appellants : Mr. Kumar Alok, SC-8 and Mr. Raj Kumar Singh, AC to SC-8.
For the Respondent:Mr. Amit Prakash, Advocate.

JUDGMENT :

Ahsanuddin Amanullah, J.

Heard learned counsel for the parties.

Re.: Interlocutory Application No. 3146 of 2015

2. The present Interlocutory Application has been filed seeking condonation of delay of 131 days in filing of the Letters Patent Appeal. Taking into consideration the averments made in the Interlocutory Application and after hearing learned counsel for the parties, we find that sufficient cause has been shown for the appeal being filed beyond the limitation period.

3. For the reasons aforesaid, the delay in filing of Letters Patent Appeal stands condoned. Interlocutory Application No. 3146 of 2015 stands disposed off.

Re.: Letters Patent Appeal No. 758 of 2015

4. The present intra-court appeal under Clause X of the Letters Patent of Patna High Court is directed against the order dated 17.10.2014 passed by the learned Single Bench by which CWJC No. 5030 of 2008 filed by the respondent has been allowed and direction has been issued granting him 2nd ACP and all consequential benefits with effect from 09.08.1999 within a period of 8 weeks.

5. The writ petitioner, respondent herein, joined Government service as Engineer Assistant on 30.12.1971. The post was later on merged






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