Gopal Kanjilal v. Union Of India And ORS.

S/L 10 11.05.2026 Court No.04 B.K.N M.A.T. 2209 of 2024 With CAN 1 of 2025 CAN 2 of 2025 Gopal Kanjilal Vs.

Union of India & Ors.

Mr. Prasanta Kumar Pakrashi, Mr. Afrin Nahar Mondal ... for the Appellant.

1. Heard the learned advocate for the appellant.

2. The Stamp Reporter has reported a delay of 851 days delay in filing the appeal.

3. A condonation application has been filed (CAN 2 of 2025). The same does not disclose any reason whatsoever, much less sufficient cause so as to condone the delay of 851 days. On the ground of limitation itself the appellant's appeal is liable to be dismissed.

4. However, the learned advocate for the writ petitioner/appellant has made submissions that the appellant's claim for pension could be considered on grounds other than what was considered by the Hon'ble Delhi High Court.

5. The said submission is equally unsustainable. The claim for pensionary benefit was considered and rejected by the Hon'ble Delhi High Court by an order dated 23.12.2015 passed in W.P.(C) 1259 of 2001. It is not in dispute that the judgment was assailed before the Hon'ble Apex Court which dismissed the SLP, but

granted limited liberty for raising an issue regarding errors of salary, which admittedly has been paid thereafter.

6. We, therefore, do not find any infirmity in the Hon'ble Single Judge order dated 12.07.2022 passed in W.P.A. 11387 of 2022 declining the self same relief to the writ petitioner, which had attained finality between the parties much earlier, based on rejection of the petitioner's earlier writ petition by the Hon'ble Delhi High Court; and its affirmation by the Hon'ble Apex Court. The order of the Hon'ble Single Judge, therefore, requires no interference.

7. The appeal is dismissed.

8. Pending applications, if any, are also dismissed.

9. Urgent Photostat Certified copy of this order, if applied for, be supplied to the parties upon compliance with all necessary formalities.

(Madhuresh Prasad, J.) (Prasenjit Biswas, J.)