Sheela Devi @ Shila Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.44 of 2019 ====================================================== Sheela Devi @ Shila Devi W/o Late Sidhnath Prasad, R/o VillageP.O.- Gopalpur, P.S.- Belchhi, District- Patna, Presently resident of VillageSisauna, P.O.P.S.- Jokihat, District- Araria. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Secretary Department of Public Health Engineering Department, Bihar, Patna.

2.

The Secretary, Department of Public Health Engineering Department, Bihar, Patna.

3.

The Engineer-in-Chief, Public Health Engineering Department, Bihar, Patna. 4.

The Chief Engineer Mechanical Department of Public Health Engineering Department, Bihar, Patna.

5.

The Principal Secretary, Finance Department, Govt. of Bihar, Patna. 6.

The Director, General Provident Fund, Finance Department, Govt. of Bihar, Patna.

7.

The Executive Engineer, Public Health Division, Araria. 8.

The Treasury Officer, Araria, District- Purnea. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Siyaram Pandey For the Respondent/s :

Mr.Arvind Ujjwal -Sc4 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-07-2019 The learned counsel for the petitioner submits that though the respondents have now paid the amount due to the petitioner under the deposit linked insurance scheme, as is apparent from Annexure-A to the counter affidavit, amounting to a sum of Rs. 7,796/-, by an order dated 18.2.2019, however, the interest for the period 20.1.2009, the date on which the death of the husband of the petitioner had taken place and the petitioner had become entitled for the said amount, till date has

Patna High Court CWJC No.44 of 2019(4) dt.08-07-2019 2/2 not been paid.

This Court finds that without any reason, the respondents have deliberately withheld the aforesaid amount of Rs. 7,796/- which ought to have been paid immediately after the death of the husband of the petitioner in the month of January 2009, however, since a delay of about 10 years has taken place in payment of the said amount, this Court deems it fit and proper to direct the respondents to pay interest at the rate of 8 per cent per annum with effect from the month of January, 2009 up to the date of payment on the said sum of Rs. 7,796/-. The writ petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) ajay gupta/- U