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Judgment
The challenge in the present petition is to a decision dated 18th February, 2011 of the Orissa Administrative Tribunal, Bhubaneswar in O.A.
No.1356 of 2004 (Annexure-17). It is seen from the stamp application that the certified copy of the said order was made available to the Petitioner
way back on 27th October, 2011. Yet the present petition has been filed only on 5th April, 2021 nearly ten years thereafter.
The only explanation offered for delay is in para 26 of the writ petition which reads as under:
“26.That at present it is most pertinent to mention here that the petitioner is a senior citizen having several ailments unable to move at the age of 85 years for which
there is some delay in filing the present writ petition challenging order of the learned Tribunal but due to paucity of funds the Petitioner approached the Hon’ble
High Court through Legal Service Committee and accordingly appointed one Lawyer to conduct the present case on behalf of the Petitioner. The letter was issued to
the conducting counsel on 26.2.2021 thereafter the present writ petition is being filed today.â€
Although this is a matter concerning pension and pensionary benefits, the above explanation, bereft of any details or particulars and without offering
a date-wise breakdown of the stages of delay and reasons therefor, is neither sufficient nor satisfactory for condoning the inordinate delay of nearly
10 years in filing the present petition. The writ petition is accordingly dismissed on the ground of delay and laches.
An urgent certified copy of this order be issued as per rules.
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