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Patna High CourtCWJC/4916/2021disposed

Ramendra Kumar Srivastav v. The State Of Bihar

2025-04-21Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4916 of 2021 ====================================================== Ramendra Kumar Srivastav, Son of Late Tarkeshwar Prasad, Resident of Mohalla-Badi Patandevi (Mina Bazar Gali), P.S.-Alamganj, District-Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Accountant General Bihar, Patna.

3.

The Commissioner Cum Secretary Secondary, Primary and Adult Education Department, Vikash Bhawan, Patna.

4.

The Director (Administration) Department of Secondary, Primary and Adult Education, Bihar, Patna.

5.

Under Secretary Department of Secondary, Primary and Adult Education Bihar, Patna, ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. D. K. Sinha, Sr. Advocate Mr.Upendra Kumar Singh, Advocate For the Respondent/s :

Mrs. Binita Singh, SC 28 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 21-04-2025 Heard Mr. D. K. Sinha, learned Senior Counsel along with Mr. Upendra Kumar Singh, learned counsel appearing on behalf of the petitioner and Mrs. Binita Singh learned SC 28 for the State.

2. Mr. D. K. Sinha, learned Senior Counsel appearing on behalf of petitioner informs that terminal benefit has been paid to the petitioner but interest has not been paid on account of delay in payment. He further refers to the law declared by the Apex Court in cases of State of Kerala v. M. Padmanabhan Nair reported in (1985) 1 SCC 429 and D.D. Tewari v. Uttar

Patna High Court CWJC No.4916 of 2021(5) dt.21-04-2025 2/2 Haryana Bijli reported in (2014) 8 SCC 894, which entitles the petitioner for payment of interest @ 18%.

3. Considering the aforesaid submission made on behalf of the petitioner and in view of the law declared by the Apex Court in cases of M. Padmanabhan Nair (supra) and D.D. Tewari (Supra), the respondents are under obligation to make payment of interest to the petitioner at the applicable rate, in accordance with law.

4. The writ petition is, accordingly, disposed of.

5. Interlocutory Application(s), if any, also stands disposed of.

(Purnendu Singh, J) Sanjay/- U