- (1.) THIS is an application filed by the Union of India in its Army Administration for condonation of delay in preferring the appeal, the period for condonation spanning over a period of 145 days.
(2.) THE judgment sought to be brought under appeal refers to the grant of disability pension to an erstwhile soldier. The number of days for which the delay occurred is hardly these days a good ground for refusing to entertain the appeal or for refusing to condone the delay. File pushing problems are as much there in the other departments of the Government as in the Army. According to the present trend and the law the Court favours condonation of delay when the appeal is bona fide filed but it refuses to condone the delay when the circumstances show some improper conduct on the part of the appellant or it is guilty of willful negligence, laches or delay.
(3.) IN this case, the Union of INdia, through the same deponent who is before us today filed an application before the first Court, which had granted the relief on the writ, on the 28th of April, 2006, praying for time for the purpose of compliance with the Court's order. The application not being disposed of a similar application was made in the month of July, 2006. It was stated there that the writ petitioner's case was under active consideration and it was specifically prayed that three months' time be granted for the purpose of complying with the Court's order.;