Mostt.Ramawati Kunwar @ Ramawati Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11538 of 2012 =========================================================== Mostt. Ramawati Kunwar @ Ramawati Devi, wife of late Harendra Kumar, resident of village Benaut, P.S. Rasulpur, Distt. Chapra (Saran) .... .... Petitioner

Versus

1.

The State of Bihar through Secretary, Human Resources Development Department, Govt. of Bihar, Patna.

2.

The Director Secondary Education, Human Resource development Department, Govt. of Bihar, Patna.

3.

The Regional Deputy Director of Education, Chapra (Saran) 4.

The District Education Officer, Chapra (Saran) 5.

The Additional Secretary to Lokayukta Office, Bihar, Patna. 6.

The Head Mistress, Chandra Nayan Balika Uchha Vidyalaya, Benaut, P.S. Rasulpur, Distt. Chapra (Saran) .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Anil Kumar Tiwary, Advocate For the State : Mr. J.S. Arora, S.C.-6 =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 10-11-2016 It has been submitted by the learned counsel for the petitioner that during pendency of the application, the death-cumretiral benefits with regard to the Gratuity, Group Insurance, Pension and earned leave have been made to the petitioner. The dispute remains only to the extent of non-payment of interest over the delayed payment of the aforesaid amount.

Admittedly, the husband of the petitioner, who was an Assistant Teacher, was killed on 31st August, 1991. The claim regarding non-payment of death-cum-retiral benefits was made by the petitioner after lapse of more than two decades by filing the

Patna High Court CWJC No.11538 of 2012 dt.10-11-2016 2/2 present writ petition on 5th July, 2012.

In that view of the inordinate and unexplained delay caused in filing the writ petition, I am not inclined to accede to the prayer of the petitioner for awarding interest over the delayed payment of death-cum-retiral benefits.

Accordingly, the application is disposed of.

(Ashwani Kumar Singh, J) S.Ali/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 11/11/2016 Transmission Date N/A