1. Memo of appearance filed by Shri Amit Jaiswal, Advocate on behalf of the respondents is taken on record. His name shall be shown in the cause list when the case is listed next.
M.A. No. 377 of 2023
2. Heard Shri Virat Anand Singh, Ld. Counsel for the applicant and Shri Amit Jaiswal, Ld. Counsel for the respondents on delay condonation application.
3. The Original Application has been filed with delay of 03 years, 02 months and 10 days.
4. Submission of learned counsel for the applicant is that it is a pensionary matter. His further submission is that delay in filing Original Application is not deliberate, but for the reasons stated in affidavit filed in support of application.
5. Per contra, learned counsel for the respondents submits that explanation of delay offered by the applicant is not sufficient as he has failed to offer day to day explanation of delay.
6. Considering that in pensionary matters bar of limitation is not applicable and grounds stated in affidavit filed in support of delay condonation application are genuine and sufficient, delay is liable to be condoned.
7. Accordingly, delay in filing the application is condoned. Delay condonation application stands decided accordingly.
O.A. No. 334 of 2023
8. Matter needs adjudication.
9. Admit.
10. Ld. Counsel for the respondents seeks and is allowed four weeks time to file Counter Affidavit. Rejoinder Affidavit, if any, may be filed within two weeks thereafter.
11. List on 31.05.2023.