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Patna High CourtCWJC/6812/2023disposed

Birendra Kumar Yadav v. The State Of Bihar

2023-09-15Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6812 of 2023 ====================================================== Birendra Kumar Yadav Son of Shivan Yadav, Resident of Village- Kusha, PSDobhi, Kusabija Gaya District- Gaya, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Addl. Chief Secretary, Panchayati Raj Department, Patna, Bihar.

2.

The District Magistrate, Gaya, District- Gaya. 3.

The District Panchayat Raj Officer, Gaya, District- Gaya. 4.

The Sub. Divisional Officer, Sherghati, District- Gaya. 5.

The Block Development Officer, Block- Dumaria, District- Gaya. 6.

The District Treasury Officer, Gaya.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binod Kumar, Adv.

For the State :

Mr. Kumar Alok (Sc7) ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 15-09-2023 Heard Mr. Binod Kumar, learned counsel appearing on behalf of the petitioner and Mr. Kumar Alok, learned counsel appearing on behalf of the State.

2. Learned counsel appearing on behalf of the petitioner submits that petitioner was paid pension and other retiral dues after much delay admittedly after five years. Petitioner is entitled for interest on account of delay in making payment of retiral dues including pension and gratuity from the period the petitioner was entitled till the date of actual payment made to the petitioner.

Patna High Court CWJC No.6812 of 2023 dt.15-09-2023 2/2

3. In this background, learned counsel seeks to file detail representation before the District Magistrate-Cum-Collector, Gaya.

4. The District Magistrate-Cum-Collector, Gaya is directed to make payment of interest on account of delay in making payment in accordance with law as laid down by the Hon'ble Apex Court in case of State of Kerala v. M. Padmanabhan Nair reported in (1985) 1 SCC 429 and D.D.Tewari v. Uttar Haryana Bijli reported in (2014) 8 SCC 894.

5. The representation is directed to be disposed of in accordance with law within a period of six weeks from the date of its filing.

6. With the above observation and direction the writ petition stands disposed of.

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