Devendra Prasad Sharma v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2944 of 2016 ====================================================== Devendra Prasad Sharma son of late Ram Sevak Sharma Resident of VillageNadama, P.s Barh, District Patna, at present resident of Mohalla- Chondi, P.o/P.s Barh, District Patna ... Petitioner
Versus
1.
The State Of Bihar through the Home Secretary, Home Department, Bihar 2.
The Director of General of Police, Patna.
3.
The Sr. Superintendent of Police, Patna.
4.
The Accountant General Bihar, Patna ... ... Respondents ====================================================== Appearance :
For the Petitioner :
Mr. Sidhendra Narayan Singh, Advocate For the State :
Mr. M. Haque, GP 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 28-03-2019 Heard learned counsel for the petitioner as well as learned counsel for the State.
With reference to the averments made in the counter affidavit, learned counsel for the State submits that the grievance of the petitioner for correction of revision in pay scale has already been redressed vide Patna District Order 776/2017. Learned counsel for the petitioner prays for award of interest on the monetary dues paid to the petitioner on account of correction of revision in pay scale taking into account substantive promotion granted earlier to the petitioner. This Court would find that the claim of the petitioner is quite stale and relate to the period 1995 to 2009 for which writ petition has been filed in the year 2016. The petitioner has himself delayed in approaching the authorities without any explanation for the delay. In the circumstances, it would be inequitable to saddle the State with liability of interest. Prayer
Patna High Court CWJC No.2944 of 2016(2) dt.28-03-2019 2/2 for interest is rejected.
In view of the said uncontroverted averments made in the counter affidavit, this Court does not consider it appropriate to keep the instant writ proceedings pending since the substantial benefits claimed in the writ petition have been granted.
Writ petition is dismissed as being infructuous. (Madhuresh Prasad, J) Shashi