ORAL ORDER

(PER : HONOURABLE MR. JUSTICE PRANAV TRIVEDI)

1. The present Civil Application is filed by the applicant praying to condone the delay of 96 days which has taken place in filing the Letters Patent Appeal

2. Learned advocate Ms. Archana Acharya appearing for the applicant has contended that the even though the issue of one increment is no more res integra, the present appeal pertains to issue of arrears also and, therefore, the delay may be condoned. 3. Having perused the record, it appears that the co-ordinate Bench of this Court in Letters Patent Appeal No. 1184 of 2023 dated 12.09.2023 has also observed and decided the issue of arrears also. Therefore, the of arrears issue is no longer res integra. The relevant observations contained in paragraphs 5, 6 and 7 since relevant are reproduced hereunder :-

“5. Thus, Patent the Appeal Judge in the issue and involved dealt with in by this Letters learned Single impugned judgment and order, is no longer res integra. Learned Assistant Government Pleader for the appellant was not in a position to dispute the position of law emanating from the above decision of the Supreme Court.

6. The benefits of revision of pay and pension including