- (1.) This interlocutory application has been preferred under Section 5 of the Limitation Act for condonation of delay of 28 days in preferring this Letters Patent Appeal.
(2.) Having heard learned counsels for both the sides and looking to the reasons stated in this interlocutory application, especially in paragraph Nos. 3, 4 & 5, there are reasonable reasons for condonation of delay. We therefore, condone the delay in preferring this Letters Patent Appeal.
(3.) Accordingly, I.A. No. 6386 of 2017 is allowed and disposed of. L.P.A. No.64 of 2017 1. This Letters Patent Appeal has been preferred by the original petitioner whose writ petition being W.P.(S) No.4422 of 2009 was dismissed by the learned single Judge vide judgment and order dated 14.12.2016, whereby prayer for change of the date of birth from 29.11.1948 to 06.07.1954, was not accepted by the learned single Judge, and hence, the original petitioner has preferred the present Letters Patent Appeal. The writ petition was preferred after one year of his retirement. 2. Having heard counsels for both the sides and looking to the facts and circumstances of the case, it appears that this appellant is the original petitioner who was employed as Class- IV employee with the respondents with effect from 29.11.1973. 3. Much has been argued by the counsel for the appellant that his correct date of birth is 06.07.1954, whereas as per the record of the respondents - company, it is 29.11.1948. Thus, there is approximately 5 years difference in the two birth dates. It is alleged by the counsel for the appellant that he is younger by 5 years than what has been recorded by the respondents -company in its record for which he has relied on the medical record -cum- identity book, issued by the respondents - company, which is at page 22 of the memo of this Letters Patent Appeal.;