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Patna High CourtMJC/3423/2019disposed

M/S Sri Durga Printing Works v. Mr Prem Singh Meena, The Secretary,

2020-01-22Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3423 of 2019 In Civil Writ Jurisdiction Case No.21931 of 2018 ====================================================== M/s Sri Durga Printing Works Through Its Manager Prasant, Son of Sri Pradeep Kumar, C-202, Raj Kishori Complex Mulchand Path Bahadurpur Gumti Lohia Nagar Patna-800020 .... ... Petitioner/s

Versus

1.

Mr Prem Singh Meena, The Secretary, SC/ST Welfare Department, Bihar, Patna.

2.

Mr. Mithilesh Kumar, The Director, SC/ST Welfare Department, Bihar, Patna.

3.

Mr. Harendra Kumar Shriwastawa, The Deputy Director, SC/ST Welfare Department, Bihar, Patna.

4.

Mr. Dinanth Singh, The District Welfare Officer, Sitamarhi. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Dayal For the Opposite Party/s :

Mr.Kumari Amrita (Gp 3) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-01-2020 As per the order of this Court dated 04.12.2018 passed in CWJC no. 21931 of 2018, the Director, SC/ST Welfare Department, Bihar, Patna was required to dispose of the representation of the petitioner within a period of 03 months and in default thereof, it was directed that the admitted dues would carry interest @ 9% per annum from the date, the same became due for payment.

It appears that the District Welfare Officer, Sitamarhi by an order dated 30.07.2019, has disposed of the representation of the petitioner and has found that a sum of Rs. 5,24,026/- is payable to the petitioner herein, whereafter the same has been

Patna High Court MJC No.3423 of 2019(4) dt.22-01-2020 2/3 paid to the petitioner on 06.09.2019.

This Court finds that the order of this Court has been partly complied with and to that extent, the petitioner also does not have any grievance, however it is complained that since the order has been passed by the authorities on 30.07.2019 i.e. after expiry of 03 months' period of filing of the representation by the petitioner on 14.12.2018, the petitioner is entitled to interest @ 9% per annum on the aforesaid amount of Rs. 5 lacs an odd from the date, the same became due.

In such view of the matter, the opposite parties are directed to verify as to when the representation of the petitioner was received in their office and thereafter, proceed to pay interest to the petitioner herein, in case it is found that the representation of the petitioner has been disposed off after expiry of 03 month's period from the date of filing of the representation. It is further directed that the aforesaid exercise should be carried out within a period of 06 weeks from today and necessary payments under the head "interest", if found payable, is required to be made to the petitioner herein forthwith, failing which the Director, SC/ST Welfare Department, Bihar, Patna and the District Welfare Officer, Sitamarhi shall not draw

Patna High Court MJC No.3423 of 2019(4) dt.22-01-2020 3/3 their salary.

Accordingly, the present contempt petition stands disposed off with the aforesaid observations and directions. (Mohit Kumar Shah, J) rinkee/- U