Mohan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2059 of 2021 ====================================================== Mohan Singh, Son of Bindeshwari Prasad Singh, Resident of Anand Nagar Ward No. 27 Bettiah, Police Station- Bettiah Town, District- West Champaran. ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Rural Works Department, Government of Bihar, Patna.

2.

The District Magistrate, West Champaran, Bettiah. 3.

The Executive Engineer, Rural Works Department, Works Division, Bettiah, District- West Champaran.

4.

The District Treasury Officer, West Champaran at Bettiah. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Brij Kishor Mishra, Advocate For the Respondent/s :

Mr. P. N. Shahi, AAG-6 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 23-03-2022 Heard learned counsel for the parties.

2. In the instant petition, the petitioner has prayed for the following reliefs:

"That, this application is being filed for issuance of a writ in the nature of certiorari or any other appropriate writ or writs for quashing the order as contained in memo no. 3424 dated 09.12.2019 passed and issued by the respondent no.3 vide which the petitioner's grievance for payment of interest upon the admitted dues of Rs.16275/- as vehicle driver allowance has been rejected.

AND/OR For passing such other order or orders for which the petitioner will be found entitled in the eye of law."

3. Short question for consideration in the present petition is whether the petitioner is entitled to interest on belated settlement of vehicle driver allowances or not?

Patna High Court CWJC No.2059 of 2021 dt.23-03-2022 2/2

4. The petitioner's claim is to extend interest on the vehicle driver allowances from 1987 till 2009. For the first time, the petitioner has demanded the driver allowances in the year 2016. Demanded vehicle allowances has been settled in the year 2016 itself. In this backdrop whether the petitioner is entitled to interest on vehicle driver allowances paid in the year 2016 or not?

5. Undisputedly, the petitioner had a cause of action in the year 1987 till 2009. The petitioner for the first time approached the respondent in seeking vehicle driver allowances in the year 2016 for the period 1987 to 2009 and it was settled in the year 2016.

6. Having regard to the conduct of the petitioner and the fact that the petitioner has slept over his right during the intervening period from 1987 to 2009 and from 2016 to 2021, therefore, the petitioner is not entitled to interest, as claimed in the present petition.

7. Accordingly, the petition stands dismissed. (P. B. Bajanthri, J) uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date 04.04.2022 Transmission Date NA