Kashi Nath Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4144 of 2015 ====================================================== Kashi Nath Prasad, S/o Late Sri Khan Prasad, retired Panchayat Sevak, resident of Village+Mohalla- Kuldeep Nagar, P.O. Sandha, P.S.- Chapra Moffasil, District- Chapra, Saran.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Panchayati Raj Department , Government of Bihar, Patna.

2. The Accountant General, Bihar, Birchand Patel Path. Patna-1.

3. The District Officer, Chapra, Saran.

4. The Treasury Officer, Chapra, Saran.

5. The Sub Divisional Officer, Chapra Sadar, Chapra.

6. The Block Development Officer, Ekma Saran. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Maheshwar Prasad, Adv For the Respondent/s : Nutan Sahay AC to GA5 ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL JUDGMENT 18-05-2015 Heard learned counsel for the parties as with regard to the grievance of the petitioner for non-payment of his retirement benefits, who has superannuated while holding the post of Panchayat Sevak on 31.05.2011, the respondents have filed a counter affidavit, wherein, it has been explained that the payment of the petitioner has been made in the following manner:- "That all the dues of the petitioner have been released by the Opposite Party No.6, the Block Development Officer, Ekma, Saran through different bills and authorities issued from the office of AG, Bihar which is evident from the perusal of the photo copies of Acquaintance Roll and the authorities. The details of which are as given below:-

Patna High Court CWJC No.4144 of 2015 (4) dt.18-05-2015 Sl.No Bill No./Authority No.

Amount of Payment Nature of Payment 1.

PPO No. 201311164389 Rs.

9,140.00 Per Month Pension with effect from 01.06.2011 2.

GPO No.

201311164389GO Rs. 3,72,641.00 Gratuity 3.

99/20012-13 Rs.4,19,936.00 Final Withdrawal of GPF 4.

165/2012-13 Rs.29,159.00 Group Insurance 5.

140/2012-13 Rs.2,76,030.00 Leave Encashment 6.

167/2012-13 Rs.1,03,443.00 ACP difference 7.

137/2014-15 Rs.79,895.00 ACP difference 8.

138/2014-15 Rs.8,700.00 ACP difference 9.

136/2014-15 Rs.1,03,731.00 Arrear of Sixth Pay Revision 10.

139/2014-15 Rs.79,536.00 Arrear of Pay Revision (01.01.1986 & 01.01.1996) with promotion benefit.

58/2013-14 Rs.57,455.00 Arrear pay of the month of August, 2007 to March, 2008 69/2013-14 Rs.61,977.00 Arrear pay of the month of October, 2008 to February, 2009 13.

121/2009-10 Rs.1,40,796.00 Arrear pay of the month of March, 2009 to November, 2009.

Learned counsel for the petitioner does not dispute all these payments but then has come out to say that the petitioner will also be entitled for payment of interest. This Court would find that the payment of the retirement benefits were already made to the petitioner way back in the year 2012-13 and 2013-14. It is only the amount of ACP or arrears of pay revision, which has been subsequently paid. No interest is payable on the amount of arrears and ACP, therefore, this Court must reject the claim of payment of interest to the petitioner. The petitioner has already been paid all his retirement benefits and therefore, this Court must now close the proceedings.

Patna High Court CWJC No.4144 of 2015 (4) dt.18-05-2015 With the aforementioned observation and direction, this application is disposed of.

(Mihir Kumar Jha, J) Ranjan/- U