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2022 Supreme(Jhk) 69

RAVI RANJAN, SUJIT NARAYAN PRASAD
State of Jharkhand – Appellant
Versus
Ratan Kumar Vishwakarma S/o Late Yamuna Vishwakarma – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Devesh Krishna.
For the Respondent: Mr. Suraj Kumar.

JUDGMENT :

1. The matter has been heard with the consent of learned counsel for the parties through video conferencing. There is no complaint about any audio and visual quality.

I.A. No. 1163 of 2020

2. This interlocutory application has been preferred under Section 5 of the Limitation Act for condoning the delay of 145 days in preferring this Letters Patent Appeal.

3. Heard.

4. No counter affidavit has been filed opposing the prayer for condoning the delay.

5. Having regard to the averments made in this application, we are of the view that the appellants were prevented by sufficient cause from preferring the appeal within the period of limitation.

6. Accordingly, I.A. No. 1163 of 2020 is allowed and delay of 145 days in preferring the appeal is condoned.

L.P.A. No. 80 of 2020

7. The instant intra-court appeal is under Clause-10 of Letters Patent directed against the order/judgment dated 13.08.2019 passed by the learned Single Judge of this Court in W.P. (S) No. 532 of 2011, whereby and whereunder, the writ petition has been allowed with a direction upon the respondent State to pay the arrears of salary for the period from 25.08.2001 to 12.01.2009 within the stipulated period of eight weeks

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