Sunder Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13320 of 2023 ====================================================== Sunder Kumar Sharma Son of Late Kapildeo Singh, Resident of VillageRonniya, Police Station- Khijar Sarai, District- Gaya. ... ... Petitioner/s

Versus

1.

The State of Bihar Through the Principal Secretary, Department of Science and Technology, Government of Bihar, Patna.

2.

The Director, Department of Science and Technology, Government of Bihar, Patna.

3.

The Incharge Principal, Government Polytechnic, Gaya, District- Gaya. 4.

The District Provident Fund Officer, Gaya.

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

For the Petitioner/s :

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

Mr. Ajay ( GA- 5 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 03-10-2023 Heard Mr. Arun Kumar, learned counsel appearing on behalf of the petitioner and Mr. Ajay, learned GA-5 for the State.

2. Learned counsel appearing on behalf of the petitioner submitted that substantial amount of retiral dues has been paid to the petitioner but the petitioner has been denied due interest on account of delay in making payment and seeks to file a detailed representation before the Director, Department of Science and Technology, Government of Bihar.

3. Considering the limited relief sought for on behalf of the petitioner as well as law laid down by the Apex

Patna High Court CWJC No.13320 of 2023 dt.03-10-2023 2/2 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, in which it is stated that employers are responsible to make payment of interest on account of delay in making payment. In light of the said decision of the Apex Court, interest as claimed for by the petitioner must be paid to the petitioner at the rate of 12.5% as per the law laid down by the Apex Court in the above decisions within a period of four weeks.

4. This Court further clarifies that the pension is required to be calculated one month before the date of retirement as well as the same is required to be paid not beyond a period of three months as per the several government circulars and central government directives.

5. With above observations and directions, the present writ petition is disposed of.

(Purnendu Singh, J) Niraj/- AFR/NAFR N.A.F.R.

CAV DATE N/A Uploading Date Transmission Date N/A