CLMA No.12461 of 2011(Delay Condonation Application) & MCC No.884 of 2011(Recall Application) In WPSS No.6188 of 2001 Hon’ble V.K. Bist, J. Shri Virendra Kaparwan, learned counsel for the petitioner. Smt. Preeta Bhatt, Advocate holding brief of Smt. Beena Pandey, learned Standing Counsel for the State of Uttar Pradesh. Shri N.P. Sah, learned Standing Counsel for the State of Uttarakhand/ respondent no.3. Heard learned counsel for the parties. Learned counsel for the petitioner submitted that the Advocate engaged by the petitioner, handed over the file to Shri Vinod Nautiyal, Advocate, who was appointed as Information Commissioner, Due to this reason, the petitioner could not know about the order dated 26.09.2008 passed by this Court in this writ petition. He further submitted that petitioner came to know about the order on 20.10.2011 and only thereafter, the petitioner filed the present recall application alongwith the delay condonation application. Learned counsel for the petitioner prayed that the delay may be condoned and the order may be recalled or the order may be modified to the extent that the delay in filing the Claim Petition may be condoned by the State Public Service Tribunal. Considering the submission of the learned counsel for the petitioner, the delay in filing the recall application is condoned. The recall application is treated as modification application. The order-dated 26.09.2008 passed by this Court is modified to the extent that in case, petitioner files the Claim Petition before the Tribunal within a period of one month from today, the said Claim Petition shall not be dismissed on the ground of latches. MCC No.884 of 2011 and CLMA No.12461 of 2011 stand disposed of. ( V.K. Bist , J.) Arpan 30.11.2011