A writ petition may be restored if the petitioner demonstrates sufficient cause for non-appearance and delay in filing the restoration application, especially when the respondent forfeits their right to oppose the application.

1. As per the order dated 05.12.2025 there was a specific direction upon the respondent to file an affidavit-in-opposition to the application for the condonation of delay being CAN 2 of 2023 failing which the filing of the affidavit shall stand forfeited.

2. The learned Counsel appearing for the respondent seeks extension of time to file the affidavit-in-opposition. In view of the order dated 05.12.2025, filing of the affidavit-in-opposition to the CAN 2 of 2023 stands forfeited.

3. The petitioner in the instant case has sufficiently explained the cause of the delay of 340 days in filing the restoration application being CAN 1 of 2023 in paragraph no 3 to 5 of the said application.

4. CAN 1 of 2023 is the restoration has been filed being CAN 1 of 2023 wherein the petitioner has sufficiently explained the reason of non-appearance on the date of hearing.

5. Having regard to the pleadings advanced by the petitioner, this Court is of the view that petitioner has made out a sufficient cause for his nonappearance on 10.08.2023.

6. Both CAN 1 of 2023 and CAN 2 of 2023 are allowed restoring the original writ petition being WPA 11461 of 2003 to its original number.

7. Learned Counsel for the State respondent vehemently opposes and files the written instruction of the respondent no. 1 which is reproduced below and kept on record:-

“The petitioner intentionally killed time and enjoyed the higher scale of pay till his retirement on 31.08.2025 and tried for restoration to avoid returning of overdrawn amount arisen due to enjoyment of higher scale according to the existing Order of Hon’ble Apex Court.”

8. The petitioner in WPA 11461 of 2003 submits is that the petitioner has been superannuated on 31st August, 2025 and till date the pension papers have not yet been processed and is languishing since 2003.

9. In view of the above the respondent nos. 1 and 4 are directed to initiate the process of the pension papers within a week and the entitlement of the pension of the petitioner shall abide by the result of the instant writ petition.

10. Interim order dated 05.08.2003 stands revived. The main writ petition being WPA 11461 of 2003 will appear on 6th of February, 2026.