Sita Kant Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3895 of 2022 ====================================================== Sita Kant Choudhary Son of Rama Nand Choudhary Resident of MohallaAnandpuri Police Station- S.K. Puri, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Education, Government of Bihar, Patna.

2.

The Principal Secretary, Department of Education, Government of Bihar, Patna.

3.

The Commissioner, Department of Education, Government of Bihar, Patna. 4.

The Special Director, Department of Education, Government of Bihar, Patna.

5.

The Chairman, Bihar Sanskrit Shiksha Board, Patna, Bihar. 6.

The Secretary, Bihar Sanskrit Shiksha Board, Patna, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Hemant Kumar Jha, Advocate.

For the State :

Ms. Namrata Singh, AC to GA-12.

For respondent Nos.5&6:

Mr. Satyam Shivam Sundaram, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 26-09-2023 Heard Mr. Hemant Kumar Jha, learned counsel appearing on behalf of the petitioner; Ms. Namrata Singh, learned AC to GA-12 for the State and Mr. Satyam Shivam Sundaram, learned counsel for the Bihar Sanskrit Shiksha Board, Patna, Bihar - respondent nos. 5 and 6.

2. Second supplementary affidavit filed on behalf of respondent nos. 5 & 6 is directed to be kept on record.

3. Learned counsel appearing on behalf of the petitioner informs this Court that all the retiral dues have been

Patna High Court CWJC No.3895 of 2022 dt.26-09-2023 2/2 paid but with delay. The petitioner is still entitled for payment of interest on account of delay in making payment of retiral dues under different heads. In these circumstances, petitioner seeks to file a detailed representation for claiming interest in light of the decision of the Apex Court in the case of State of Kerala v. M. Padmanabhan Nair reported in (1985) 1 SCC 429 and D. D. Tewari v. Uttar Haryana Bijli reported in (2014) 8 SCC 894.

4. The respondent nos. 5 and 6 are directed to dispose of the representation of the petitioner within six weeks by making payment of interest accrued on account of delayed payment in light of the law laid down by the Apex Court in aforementioned judgments.

5. The writ petition stands disposed of.

(Purnendu Singh, J) mantreshwar/- AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 27.09.2023 Transmission Date N.A.