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2016 Supreme(Pat) 1400

HEMANT GUPTA, AHSANUDDIN AMANULLAH
State of Bihar through the Principal Secretary, Minor Irrigation Department – Appellant
Versus
Parmeshwar Nath Mishra Son of Late Devidyal Mishra – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Subhash Chandra Mishra, Mr. Pramod Kumar Singh

JUDGMENT :

Hemant Gupta, J.

Re.: I.A. No. 3161 of 2015

The application is for condonation of delay of 1 year 67 days in filing the Letters Patent Appeal.

2. For the reasons mentioned in the Interlocutory Application, we are satisfied that the appellants have shown sufficient cause to seek condonation of delay of 1 year 67 days in filing the present Letters Patent Appeal.

3. Consequently, Interlocutory Application No. 3161 of 2015 is allowed and delay of 1 year 67 days in filing the Letters Patent Appeal is condoned.

Re.: L.P.A. No. 768 of 2015

4. Heard learned counsel for the parties.

5. The challenge in the present Letters Patent Appeal is to an order passed by the learned Single Bench of this Court on 6th of August, 2013 in C.W.J.C. No. 23044 of 2011, whereby the writ application has been allowed and the present appellants were directed to examine the claim of payment of retiral benefits to the writ applicant.

6. The writ applicant was appointed on 12th of November, 1973 as Accounts Clerk. He attained the age of superannuation on 31st of December, 2010. The claim in the writ application was for the payment of the retiral benefits.

7. The stand of the writ applicant was that the writ applic




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