Baleshwar Singh v. The Executive Director, Bihar Paper Mills Ltd, Patna And ORS.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4779 of 2014 In LPA 577 of 2013 =========================================================== Baleshwar Singh, son of Late Munshi Singh, resident of Aslam, P.O.-Bhagwan, P.S. Garhani, District- Bhojpur .... .... Petitioner

Versus

1. The Executive Director, Bihar Paper Mills Ltd, Baijnathpur, Saharsa, Indra Bhawan, R.C. Singh Path, Bailey Road, Patna

2. The Chairman, Bihar Paper Mills Ltd.-cum-Managing Director, Bihar State Industrial Development Corporation, R.C. Singh Path, Patna

3. Chief Accounts Officer, BSIDC, R.C. Singh Path, Patna

4. Chief Manager, Project BSIDC, R.C. Path, Bailey Road, Patna

5. The State of Bihar through the Chief Secretary to the Government of Bihar, Old Secretariat, Patna

6. The Principal Secretary, Department of Industries, Government of Bihar, New Secretariat, Patna. .... .... Opposite Parties =========================================================== Appearance :

For the Petitioner : Shri Pramod Mishra, Adv. For the Opposite Parties : Shri J.P. Karn (AAG4) =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 07-04-2015 The petitioner in this M.J.C. was employed with the respondents. The dispute arose as to the entitlement to receive certain amounts. Ultimately, a Division Bench of this Court through an order dated 29.8.2014 passed in L.P.A. No. 577 of 2013, held that the actual entitlement of the petitioner herein is Rs.10,15,462.00 and since an amount of Rs.11,46,400.00 was already with the Registry, the same shall be paid to him. As regards interest for the delayed payment, this Court took the view that the balance of the amount out of 11,46,400.00 will be paid towards that. This

Patna High Court MJC No.4779 of 2014 dt.07-04-2015 2/2 application is filed with a prayer to permit him to withdraw the interest that has accrued on the principal amount while in Department.

Heard Shri Pramod Mishra, learned counsel for the petitioner, and Shri J.P. Karn, learned counsel for the respondents.

The attention of this Court was not drawn to the fact that the amount of Rs.11,46,400.00 was kept in deposit in a bank and that it has acquired interest. Since the entire amount was directed to be paid to the petitioner herein, it is in the fitness of the things that the accrued interest must go to him.

Therefore, we direct that the interest, if any, that has accrued on the amount of Rs.11,46,400.00 shall also be paid to the petitioner.

The M.J.C. is disposed of.

Interlocutory application,if any, stands disposed of. There shall be no order as to costs.

(L. Narasimha Reddy,CJ) (Ashwani Kumar Singh, J) K.C.jha/- N.A.F.R.

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