Chandra Shekhar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7373 of 2021 ====================================================== Chandra Shekhar Singh S/o Sri Yogendra Singh Resident of Village Madhurapur (Naya Tola), P.S.- Bidupur, District- Vaishali. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar.

2.

The Principal Secretary, Department of Water Resources, Government of Bihar, Patna.

3.

The Engineer in Chief, Water Resources Department, Sinchai Bhawan, Patna.

4.

The Chief Engineer, Flood Control and Water Drainage, Water Resources Department, Katihar (Camp Purnia).

5.

The Superintending Engineer, Flood Circle, Water Resources Department, Katihar.

6.

The Executive Engineer, Flood Contrik Division, Salmari, District- Katihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Atul Kumar Pandey For the Respondent/s :

Mr.Lalit Kishore (Ag) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 10-02-2022 The matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.

2. In the instant petition, petitioner has prayed for the following relief/reliefs:

"That, this is an application for issuance of writ in the nature of mandamus directing the respondents to make the payment of differences of the arrears of salary due revision of his pay scale amounting to Rs. 1,46,285.00 (One Lac Forty Six Thousand Two Hundred Eighty Five Only) and further for payment of interest due to delay in payment of the aforesaid amount and further for issuance or writ/writs/directions for which the petitioner is entitled to in accordance with law."

Patna High Court CWJC No.7373 of 2021 dt.10-02-2022 2/3

3. The grievance of the petitioner has been set right as is evident from Paragraphs 5 to 11 of the counter statement/affidavit. Then what remains is whether petitioner is entitled to interest on belated settlement of monetary benefits or not?

4. Learned counsel for the respondents vehemently contended that due to COVID - 19 pandemic, the petitioner's grievance has not been set right. It is to be noted that petitioner has attained age of superannuation and retired from service on 30.11.2013. The official respondent has ample time between 2013 to 2019. Therefore, the official respondent cannot take shelter under COVID - 19 pandemic so as to deny interest to the petitioner on arrears of amount which has been disbursed to him.

5. The petitioner is entitled to interest @ of 8 % per annum in the light of Apex Court decision in the case of Vijay L. Mehrotra Vs. State of Uttar Pradesh and Others reported in 2001 9 SCC 687. The concerned respondent is hereby directed to calculate the interest and disbursed the same within a period of two months from the date of receipt of this order, failing which, the petitioner is entitled to litigation cost and it is quantified @ of Rs. 25,000/-. Cost shall be paid from the concerned officer and not from the State Government.

Patna High Court CWJC No.7373 of 2021 dt.10-02-2022 3/3

6. With the above observations, writ petition stands disposed off.

(P. B. Bajanthri, J) GAURAV S./- AFR/NAFR CAV DATE Uploading Date Transmission Date