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2024 Supreme(Jhk) 369

SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
State of Jharkhand – Appellant
Versus
Sukhram Prasad Mani – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Manish Kumar, Sr. S.C.-II.
For the Respondent:Mr. Ranjit Kumar, Mr. S.P.Roy, Ms. Diksha Dwivedi, Mr. Sudarshan Shrivastava, Advocate

JUDGMENT :

Sujit Narayan Prasad, J :

I.A. No.10186 of 2019

1. This interlocutory application has been preferred under Section 5 of the Limitation Act for condoning the delay of 35 days in preferring this Letters Patent Appeal.

2. Heard the parties.

3. Having regard to the averments made in the application and submissions made on behalf of the appellants, we are of the view that the appellants were prevented from sufficient cause in filing the appeal within the period of limitation. As such, the delay of 35 days in preferring the appeal is hereby condoned.

4. I.A. No. 10186 of 2019 stands allowed.

L.P.A. No.738 of 2019

5. The instant appeal, under clause 10 of the Letters Patent, is directed against the judgment/order dated 20.08.2019 passed by the learned Single Judge of this Court in W.P. (S) No. 2340 of 2019 whereby and whereunder the learned writ court while allowing the writ petition, has passed the following directions :-

    9. Since entire amount under the heads of retiral benefits have been sanctioned only a month’s back after eight years of the retirement, I hereby direct the Treasury Officer to immediately make payment of the entire retiral benefits to the petitioner within a period o

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