1 D.B. CIVIL SPECIAL APPEAL (w)NO.03436/2007 State & Ors. Vs. Gurseb Singh Grewal Date of Order :: 05-02-2008 HON'BLE THE CHIEF JUSTICE MR. NARAYAN ROY HON'BLE MR. JUSTICE MUNISHWAR NATH BHANDARI Mr. Shyam Ladhrecha, Government counsel. Today this matter has been listed to consider the application under Section 5 of the Limitation Act to condone the delay of 95 days in filing this appeal. State is the appellant and this appeal has been filed against the order of the learned Single Judge directing to make delayed payment of pensionary benefits with interest @ 12% per annum. Owing to the nature of the direction of this Court, we propose to dispose of this matter on merit. The delay in filing the appeal is accordingly condoned. It is manifest from the order impugned itself that provisional pension was made available to the writ petitioner after 21 months. This fact is not disputed. The learned Single Judge of this Court keeping in view the delayed payment, directed for payment of interest @ 12% per annum. The order impugned does not appear to be either bad in law or on facts inasmuch as the writ petitioner in case could have got the pensionary benefits, then he could have earned interest keeping the same in bank accounts. 2 Having regard to the facts and circumstances of the case therefore, we find no merit in this appeal. This appeal accordingly is dismissed. [MUNISHWAR NATH BHANDARI],J. [NARAYAN ROY],CJ. Praveen