Lack of diligence and unexplained delay may lead to dismissal of an appeal on the point of limitation.

Heard learned counsel for the appellant and the Respondent Bank on the prayer for condonation of delay of 1802 days in preferring the present Memo of Appeal through I.A. No. 2989/2017.

2. Learned Single Judge disposed of the writ petition WPS No. 5092/2006 by order dated 16.11.2011 in the following terms :

“Counsel for the petitioner submitted that suffice it will be for disposal of this writ petition, if a direction is given to respondents to make payment of ex gratia amount as per the policy floated by the respondents which is at Annexure-A to the counter affidavit and also keep in mind paragraph 4(j) of the counter affidavit. Father of the petitioner expired on 27th September, 2003 who was serving with the respondents-Bank.

(2) I have heard counsel for the respondents, who has submitted that they have no much objection, if such a representation is preferred by the petitioner or his mother for getting ex gratia payment as per proforma at Annexure-A.

(3) In view of this limited submission, I hereby, direct respondents-Bank to decide the claim of the petitioner for getting ex gratia amount as per policy at Annexure-A to the counter affidavit in accordance with law, rules, regulations, policies and Government enforceable orders, applicable to the petitioner as expeditiously as possible and practicable, preferably within a period of twelve weeks, from the date of receipt of the representation as per Annexure-A to the counter affidavit from the petitioner or his mother. If the amount is found legally payable the same will be paid within a further period of four weeks thereafter.

(4) In view of the above directions, this writ petition is disposed of.”

3. The appellant sat quiet over the matter and after about three years, sought review of the order through Civil Review No. 23/2014. Before the Review Court, learned counsel for the appellant had submitted that he wants compassionate appointment and not ex-gratia amount, as per the policy floated by the Respondent Bank dated 16.08.2005 as the father of the petitioner had expired on 27.09.2003 when the policy for compassionate appointment was in place. The Learned Review Court was of the view that this point was never argued before the Writ Court. The policy floated by the Respondent dated 16.08.2005 was never under challenge. Learned Single Judge referred to the principles laid down in several judgments rendered by the Apex Court on the exercise of review jurisdiction and came to an opinion that there is no error on the face of record. The Review Application was accordingly dismissed by order dated 08.09.2016. Thereafter, the writ petitioner preferred present appeal on 13.12.2016 inter-alia on the ground that the Learned Single Judge ought to have noticed that the appellant had not made any prayer for getting ex-gratia lump-sum amount, as per 2005 policy of the Respondent. Further grounds in support of the main grounds have been taken.

4. The appellant has sought condonation of huge delay of 1802 days in preferring the present Memo of Appeal, stating that he was not aware of the order dated 16.11.2011 and his counsel could not intimate him about the same. Only after he inquired about the status of the case, that he came to know about this disposal on 16.11.2011. He thereafter pursued the Review Application and when the Review Application was dismissed, he preferred the present appeal. He seeks condonation of delay in the interest of justice.

5. Learned counsel for the Respondent Bank has strongly opposed the prayer. He submits that originally, the application for compassionate appointment of the petitioner in lieu of death of his father was decided on merits, as per the prevalent policy in place. However, during course of hearing of the writ petition, conscious prayer was made to direct the Respondents to consider his representation for payment of ex-gratia amount, as per the policy floated by the Respondents at Annexure-A to the counter affidavit. It was in these circumstances that t