Hardeo Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9757 of 2018 ====================================================== Mahavati Devi W/o Late Hardeo Jha Resident of Ward No.-13, VillageParsauni Paroha, P.S.- Dumra, Distt- Sitamarhi, Bihar- 843302. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Commissioner-cum-Secretary, Revenue Department, Main Secretariate, Patna.
2.
The District Magistrate, Cum-Collector, Sitamarhi. 3.
The Sub-Divisional Officer, Sitamarhi Sadar, P.S. and Dist.- Sitamarhi. 4.
The Accountant General, Bihar, Patna.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bhupendra Narain Sinha, Adv.
Mr.Shailendra Kumar, Adv.
For the State :
Mr.Sajid Salim Khan, SC-25 Ms. Prakritita Sharma, AC to SC-25 For the A.G. : Mr. Kumar Priya Ranjan, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 04-03-2021 Heard learned counsel for the petitioner and learned SC-25 for the State.
It appears at this stage that the grievance of the petitioner as regards time bound promotion and the benefits arising out of that is concerned, the same has been in the process of final resolution. Learned SC-25 has informed this Court that within ten days from today the necessary orders granting time bound promotion to the deceased husband of the petitioner shall be issued and admitted payment on that account will be paid within a period of two months.
As regards the payment of interest for the delayed
Patna High Court CWJC No.9757 of 2018(12) dt.04-03-2021 2/3 period i.e. 03.11.1993 on which the Hon'ble Division Bench passed the order till the date of payment, learned SC-25 has informed this Court that as per instruction it appears that the respondents had not deposited the amount with the Registrar of this Court in terms of the Hon'ble Division Bench judgment as modified by the Hon'ble Supreme Court. Learned SC-25 submits that within one week the respondents shall finally take a view on this issue and in case it is found that the amount as directed by the Hon'ble Division of this Court in CWJC No.7071 of 1992 vide order dated 03.11.1993 were not deposited and no authority slip was issued in favour of the Registrar of this Court, the respondents shall pay the admissible amount of interest to the petitioner for the delayed period i.e. 03.11.1993 on which the Hon'ble Division Bench passed the order till the date of payment.
In the aforesaid view of the matter, since the respondents are themselves willing to take a view as regards the payment of interest at a reasonable rate to the petitioner for the delayed period i.e. 03.11.1993 on which the Hon'ble Division Bench passed the order till the date of payment, this Court is leaving it for the respondents to consider the case of the petitioner for award of reasonable rate of interest which would
Patna High Court CWJC No.9757 of 2018(12) dt.04-03-2021 3/3 not be less than the present rate of interest payable on fixed deposit to a senior citizen. Let such decisions be taken within a period of two months and admitted payment on this account be also made available to the petitioner latest within three months from today.
Mr. Sajid Salim Khan, learned SC-25 shall inform the authorities as regards the orders passed by this Court. This writ application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) arvind/- U Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.