Dr. Sidheshwar Prasad Sinha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21167 of 2014 ======================================================

1. Dr. Sidheshwar Prasad Sinha Son of Late Jageshwar Prasad Sinha R/o Mohalla 27 Sardar Patel Path, North Srikrishnapuri, P.S. Srikrishnapuri, District Patna at present Mohalla Sikandarpur, P.S. Jamalpur, District Munger .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Principal Secretary, Health Department, New Secretariat Patna

3. The Accountant General, Bihar, Birchand Patel Path, Patna

4. The Joint Secretary Govt of Bihar, New Secretariat, Patna

5. The Deputy Secretary, Health Department Govt of Bihar

6. The Secretary Govt of Bihar, Department of Finance Old Secretariat, Patna

7. The Civil Surgeon, cum Superintendent Sadar Hospital, Munger .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Tarkeshwar Pd. Verma For the Respondent/s : Mr. Kaushal Kumar Jha, AAG-14 For Accountant General : Mrs. Nividita Nirvikar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-07-2016 Heard learned counsel for the parties.

The petitioner had earlier approached this Court by filing a writ application vide CWJC No. 3202 of 1996, raising certain grievance. This Court had disposed of the writ application by an order, dated 30.09.1999 with the following observations:- "In any case, the admitted benefits on such fixation and revision should be paid within a period of four months from the date of receipt/production of a copy of this order, failing which the authorities will be liable to pay 5% panel interest on admitted dues to be concluded from the date of retirement till the

date of payment."

A communication, dated 25.04.2001, made by the Deputy Secretary, Health Department, Government of Bihar, addressed to the Accountant General, Bihar, Patna, has been brought on record by way of Annexure-2 to the writ application, whereby the Government had decided to pay to the petitioner, interest at the rate of 5% per annum for delayed payment of pension and gratuity from the date the same became admissible to him till the date of actual payment.

Learned counsel for the petitioner has submitted that till date the said amount has not been paid. Considering the above, this application is disposed of with a direction to the Accountant General ( A & E), Bihar, Patna, to look into the said communication dated 25.04.2001 and ensure that the petitioner is paid the amount, which he is legally entitled to. The Accountant General, Bihar, Patna, would take final decision in this regard within a period of one month from the date of receipt/production of a copy of this order.

This application stands disposed of.

(Chakradhari Sharan Singh, J) ArunKumar/- U