Mostt. Mithilesh Sinha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1109 of 2017 In Civil Writ Jurisdiction Case No. 15259 of 2014 ====================================================== Mostt. Mithilesh Sinha wife of Raj Narain Prasad Singh resident of Village Athari, P.S. Runnisaidpur, District Sitamarhi. .... .... Appellant/s

Versus

1. The State of Bihar.

2. The Accountant General (A & E), Bihar, Patna through Senior Accounts Officer, Bihar, Patna.

3. The District Education Officer, Sitamarhi.

4. The Treasury Officer, Sitamarhi.

5. The Headmaster, Rajkiye Krit Kailashpati Uchch Vidyalaya, Athari, District Sitamarhi.

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

For the Appellant/s : Mr. Vaidehi Raman Prasad Singh For the Respondent/s : Mr. Ashutosh Ranjan Pandey- Aag15 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) 16-04-2018 Heard counsel for the appellant and counsel for the State.

The order dated 18.07.2017 is modified to the extent that the petitioner, who is appellant, may not be relegated to a civil court to file a suit for demand of interest if the statutory interest has not been paid by the authorities or if the delay in settlement of the post retiral dues is not attributable to either the employee or

Patna High Court LPA No.1109 of 2017 (4) dt.16-04-2018 2/2 the legal heir. If such an application is filed before the competent authority, they will have an obligation to look into the grievance about the interest component and take a decision within three months thereafter.

Appeal stands disposed off in terms of the above. (Ajay Kumar Tripathi, J) (Nilu Agrawal, J) Rajehs/Devendra U