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2026 Supreme(Online)(Ker) 13153

IN THE HIGH COURT OF KERALA AT ERNAKULAM
SUSHRUT ARVIND DHARMADHIKARI, P. V. BALAKRISHNAN, JJ
GENERAL MANAGER SOUTHERN RAILWAY – Appellant
Versus
K.V. JOSEPH – Respondent


Advocates:
For the Appellants/Petitioners: K.Shrihari Rao
For the Respondents: Anjana Arun

Table of Content
1. ratio regarding discretion involved in condoning delays. (Para 12)
2. court's observation on the applicability of delay standards. (Para 13)
3. final ruling regarding the allowance of the original petition. (Para 14)

Judgment Sushrut Arvind Dharmadhikari, J.

The present Original Petition under Article 227 of the Constitution of India has been filed challenging the order dated 09.06.2025 passed in M.A. No.183 of 2025 in O.A.No.693 of 2024 by the Central Administrative Tribunal, Ernakulam Bench whereby the application under Section 21 (2) of the Administrative Tribunals Act , 1985 seeking condonation of delay in filing the Original Application has been allowed.

Facts

2. The brief facts of the case are that the respondent herein filed the Original Application seeking compassionate allowances. The O.A. was filed with a delay of 12105 days for which separate M.A.No.180/183/2025 was preferred seeking condonation of delay of the aforesaid period. The learned Tribunal came to the conclusion that it cannot be forgotten that the right to receive pension or compassionate allowance is a right inherent in service and is attached to the duties rendered by the respondent herein in

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