Ram Lakhan Prasad Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14400 of 2011 ====================================================== Ram Lakhan Prasad Singh S/o Late Chhotan Singh R/o Navneet Colony, Hanuman Nagar, P.S.-Patrakar Nagar, Distt.-Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Secretary, Water Resources Deptt., Irrigation Building, Patna. 3.

The Secretary, General Administrative Deptt., Govt. Of Bihar, Patna. 4.

The Secretary, Finance Department, Govt.Of Bihar, Patna. 5.

The Accountant General A and E, Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Kumar Sinha, Advocate For the Respondent/s :

Mr. Rajesh Kumar Sinha, AC to GP-23 For the AG :

Mr. Bindhyachal Rai, Advocate Mr. Madhav Prasad Yadav, GP-23 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 10-04-2024 In the instant petition, petitioner has prayed for the following reliefs:- "i. For a direction to the respondents to make payment of salary and other consequential dues, consequential to the promotion given to the petitioner and consequential to the promotion to the post of S.E. pursuant to order dated 7.1.2011 passed in C.W.J.C. No. 6632 of 2010 by this Hon'ble Court and the amount of interest @ 18.5% on the withheld dues of amount accordingly since the respondents have withheld the same illegally.

Patna High Court CWJC No.14400 of 2011 dt.10-04-2024 2/3 ii. Any other relief or reliefs for which Your Lordships may deem fit and proper in the facts and circumstances of this case."

2. The grievance of the petitioner is relating to interest on arrears amount with reference to service benefits extended to him like promotion to the post of Executive Chairman w.e.f. 28.02.1992.

3. It is to be noted that petitioner was involved in criminal proceedings for the offences under Section 302 IPC in which he was acquitted on 06.07.2010. In the result, respondents have extended service benefits like promotion and monetary benefits. On monetary benefits, petitioner is not entitled to interest for the reasons that there is no fault on the part of the official respondent in denying the promotion in the year 1992. On the other hand, petitioner on his own and in individual capacity subjected to criminal proceedings for the offences under Section 302 IPC, therefore, there is a delay in extending promotion and consequential benefits as such petitioner is not entitled to interest. Accordingly, grievance of the petitioner stands rejected. In the result, the present petition stands dismissed.

4. During pendency of the present petition petitioner filed I.A. No. 2 of 2023 for payment of interest on difference of

Patna High Court CWJC No.14400 of 2011 dt.10-04-2024 3/3 arrears amount. In view of the aforesaid observations, I.A. No. 2 of 2023 stands rejected.

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