Patna High CourtCWJC/13926/2014disposed

Bhupendra Prasad v. The State Of Bihar And ORS

2016-07-21Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13926 of 2014 ======================================================

1. Bhupendra Prasad S/o Late Gena Rai, resident of village- Shyampur Bairo, P.O.- Hansi Kewal, P.S. Bhagwanpur, District- Vaishali .... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Bihar, Patna

2. The Director, Indigenous Medical Department, Bihar, Patna

3. The Secretary, Indigenous Medical Department, Bihar, Patna

4. The District Magistrate, Saran at Chapra

5. The District Indigenous Medical Officer-cum-D.D.O., District- Saran at Chapra

6. The District Treasury Officer, Saran at Chapra .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajeev Ranjan No.II For the Respondent/s : Mr. Sc16- Abbas Haider ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 21-07-2016 Heard learned counsel for the parties.

The petitioner retired on 31.10.2011 from the post of Homeopath Mishrak in the District Sanjukta Aushdhalaya, Vaishili at Hajipur. He has filed the present writ application for direction to the respondents for payment of his retiral benefits and arrears of second ACP etc.

Learned counsel for the petitioner has submitted that entire retiral dues have been paid to the petitioner. He, however, states that the petitioner is entitled for statutory interest on the amount paid to him belatedly. There is no statutory provision which allows interest payable on the heads against which payments have been

made to the petitioner.

Learned counsel for the petitioner, however, submits that there is circular of the State Government which provides for payment of interest in case of delayed payment issued by the State Government vide letter No. 0-12/2010-182 (F) dated 27.01.2011.

The petitioner will be at liberty to approach the head of the Department in this regard claiming interest over the amount on account of delayed payment. If any such claim is raised within one month from today, this Court expects that the same shall be decided expeditiously preferably within a period of two months thereafter.

This disposes of the application.

(Chakradhari Sharan Singh, J) ArunKumar/- U