Karnataka HC Rejects Agro Company's 691-Day-Late Review, Citing Its Earlier Acceptance of Retirees’ Fifth Pay Benefits Order

The petitioner sought review of the order dated 29 September 2022 in Writ Appeal No. 1555 of 2016.

The review petition was filed 691 days late, and the petitioner sought condonation of delay.

It stated that the order had been placed before the State Government and that, on 16 August 2023, the Government extended Fifth Pay Commission benefits to employees who retired between 1 April 2006 and 1 October 2010, including employees who took voluntary retirement.

The petitioner therefore did not initially seek review, as the order had been implemented.

The petitioner further stated that, after other retired employees sought similar relief, the Government concluded that the writ appeal order required reconsideration and instructed the petitioner to take appropriate steps; instructions to file the review were recorded on 23 December 2025.

The petition invoked Section 114 and Order XLVII Rule 1 of the Code of Civil Procedure, 1908, which provide for review of specified court orders on recognised grounds.

The Court considered whether sufficient cause had been shown to condone the delay.

It cited no precedents or further statutory provisions in its reasoning.

The Court found that the petitioner had accepted and implemented the order under review: the State Government had extended the relevant pay benefits in August 2023, and the petitioner had consciously chosen not to seek review at that stage.

Later Government instructions to seek review did not establish that the petitioner had been prevented by sufficient cause from filing within the prescribed period.

The Court therefore held that the explanation did not justify the inordinate 691-day delay.

It dismissed the application for condonation of delay and, consequently, dismissed the review petition.