Kaushal Kumar Verma v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1575 of 2011 =========================================================== Kaushal Kumar Verma, Son of Late Tulsi Narayan Labh, resident of village Dhurlakh, Police Station Warish Nagar, District- Samastipur. .... .... Petitioner.

Versus

1. The State of Bihar.

2. Sri Shashi Shekhar Sharma, The Commissioner and Secretary (Principal Secretary), Urban Development and Housing Department, Viks Bhawan, Police Station Sachivlaya, District-Patna.

3. Sri Mahesh Prasad Gupta, the Joint Secretary, Urban Development and Housing Department, Vikash Bhawan, Police Station Sachivalaya, District Patna.

4. Sri Rameshwar Singh, the Finance Commissiner, Finance Department, Old Secretariat, Police Station Sachivalaya, District Patna.

5. Sri I.D.S. Dhariwal, The Accountant General (A & E) Virchand Patel Path, Patna.

.... .... Opposite Parties.

=========================================================== Appearance :

For the Petitioner/s : MR. RUPAK KUMAR, ADVOCTE. For the Respondent/s : G.P.- 27 For the Accountant General :- Mr. Ranjan Kumar, Advocate. =========================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL JUDGMENT Date: 20-04-2015 Heard learned counsel for the petitioner and learned counsel for the opposite parties.

The present contempt application has been filed for noncompliance of the order dated 21.12.2010 passed in C.W.J.C. No. 15570 of 2009 whereunder the writ application was disposed of with direction to the respondent nos. 1,2,3 and 7 to consider the case of the petitioner for sanction for payment

of pension and gratuity with interest at the rate of 10% for the delayed payment taking into consideration the period spent by the petitioner while on deputation with the respondent-Board expeditiously preferably within a period of three months on receipt/production of the certified copy of the present order. Learned A.C. to G.P. 27 submits that in the light of the direction of the writ Court, the payment of Rs.1,56,291/- as interest of pension and gratuity at the rate of 10% has been paid to the petitioner, which would appear from paragraph 5 of the supplementary show cause filed on behalf of the opposite party no. 2.

On the other hand, learned counsel for the petitioner submits that after passing of the order of the writ Court, Rs.5,76,409/- has been deducted by the respondent showing the excess paid in course of service and interest has only been paid in respect to the remaining amount of Rs.2,80,000/-. Since the order, under contempt, has been complied with by the concerned opposite party, therefore, no further action is required. Accordingly, this contempt application is disposed of. If the petitioner feels any grievance regarding deduction of Rs.5,76,409/- to the arrears of pension

and gratuity, he may take recourse in accordance with law before the appropriate forum (Rajendra Kumar Mishra, J) Bhardwaj/- U