Desh Raj Vs. State of Himachal Pradesh & Others. Item No. (D-7) CMP(M) No.1288 of 2025 06.01.2026 Present: Mr. Adarsh Kumar Vashista and Mr. Shivom Kumar Vashista, Advocates, for the applicant- appellant. Mr. Rakesh Dhaulta, Additional Advocate General, for the respondents-State. CMP No.32683 of 2025 The application is disposed off with a direction to the applicant-appellant to file typed extract of Annexure A-I by the next date. 2. The application stands disposed off accordingly. CMP(M) No.1288 of 2025 and CMP No. 17439 of 2025 3. The present application under Rule 7 Chapter 6(C) of Himachal Pradesh High Court Rules has been filed for condonation of delay in refiling the appeal by mentioning that the LPA was filed by the applicant/petitioner on 16.05.2023 and the objections were raised by the Office, which could not be removed in time and which were only removed after a period of one year, ten months and twenty- five days. 4. In the supplementary affidavit, the justification has been given by the applicant-appellant, who is a resident of District Chamba that he is a senior citizen and was undergoing treatment and constant medical check-ups w.e.f. the year 2023-2024. Copy of the medical record has been appended as (Annexure A-I colly). As per the Office report, the present appeal is barred by 137 days. 5. On merits also, counsel for the applicant- appellant has pointed out that he had fifteen years of service as Junior Basis Teacher (JBT) for which period he is seeking grant of pension and increments alongwith the arrears. It is further pointed out that he retired on 31.12.2016 and he had filed the O.A. No.4176 of 2015 before the erstwhile Himachal Pradesh Administrative Tribunal at Shimla in the year 2015 during his service period. 6. Keeping in view the above, we are of the considered opinion that since the appeal had been filed and the appellant is located at District Chamba, Himachal Pradesh, which is at a considerable distance from Shimla and being a senior citizen, sufficient cause has been made out to condone the delay, in refiling the appeal, keeping in view the fact that the medical issues as such were there and the prescription slips have been attached. It is further pointed out that the issue as such for pensionary benefits would be covered by the judgment passed by this Court in CWPOA No.5507 of 2020 titled Oma Wati and another Vs. State of Himachal Pradesh and others, decided on 21.08.2023 and CWP No.10529 of 2011-C titled Youdhishther Kumar Sharma Vs. The State of H.P. and another, decided on 07.12.2011. 7. Accordingly, the delay of 137 days in filing the appeal and delay of one year, ten months and twenty-five days in re-filing the appeal is condoned. The applications stand disposed off accordingly. LPA No.10 of 2026 8. Issue Notice. Mr. Rakesh Dhaulta, learned Additional Advocate General, appears and waives service of notice on behalf of respondents No.1 to 3-State. 9. List on 06.04.2026. (G.S. Sandhawalia) Chief Justice (Jiya Lal Bhardwaj) Judge 6th January, 2026 (Munish Thakur)