THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY
I.A.No.1 of 2021 In/And W.A.No.301 of 2021
COMMON JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present appeal is arising out of the order dated
28.12.2018 passed in W.P.No.14689 of 2018.
The facts of the case reveal that the writ petition was
preferred by the petitioner being aggrieved by the recovery ordered
from the family pension. The recovery was ordered on the ground
that late Khaja Moinuddin Siddiqui was a pensioner and retired in
the year 1983. He expired on 30.01.2004 and there were two
widows entitled for family pension. The respondents started
recovery against the surviving widow, on the ground that the other widow was also entitled for half share. The facts of the case also reveal that the other widow died in the year 1999, meaning thereby before the death of her husband, who was a pensioner and there was only one widow at the time of death of the employee. In those circumstances, the learned Single Judge has imposed costs of Rs.10,000/- and he has also granted payment of interest @ 9% per annum.
The judgment was delivered by the learned Single Judge on 28.12.2018 and the present writ appeal has been filed only in the year 2021. There is a delay of 876 days in filing the writ appeal. The appellants/respondents have not explained day-to-day delay before this court and therefore, this court does not find any reason to condone the delay.
2
I.A.No.1 of 2021 filed for condonation of 876 days of delay in filing the writ appeal is dismissed. Resultantly, the writ appeal stands rejected.
The miscellaneous applications pending in this writ appeal, if any, shall stand closed.
___________________________ SATISH CHANDRA SHARMA, CJ ___________________________ A.RAJASHEKER REDDY, J 08.11.2021 JSU