- (1.) The instant special appeal is directed against order of the ld. Single Judge dt. 21.11.2016 and so also the order passed in review application dated 24.05.2017.
(2.) Office has pointed out delay of 275 days in filing of the appeal & separate application in support thereof has been filed u.Sec.5 of the Limitation Act seeking condonation of delay. It is stated that after passing of the order by the ld. Single Judge dt. 21.11.2016, the appellant was advised to file a review application and without any loss of time, review application was filed which also came to be dismissed on 24.05.2017 and immediately thereafter the present appeal has been preferred. After taking note of the submissions made, we find that the delay has been satisfactorily explained duly supported by the affidavit and deserves to be condoned.
(3.) Accordingly, application seeking condonation of delay u/S 5 of Limitation Act stands allowed and the delay is condoned. The appellant-petitioner after attaining the age of superannuation retired from service on 31.07.2002 & all terminal benefits were paid to him after due adjustment of alleged outstanding dues. Certain correspondences were made by the appellant disputing the outstanding dues which the respondent authorities have adjusted from the gratuity payable to the appellant under the Rules. Finally, the respondents have not responded to his request, a legal notice was served followed thereto the writ petition came to be filed.;