Shiv Prasan Ram v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7914 of 2017 ====================================================== Shiv Prasan Ram S/o Ram Kawal Ram Resident of Village - Mishra Karwa, P.O. - Shivpur, P.S. - Tarari, District - Bhojpur. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The District Magistrate, Buxar.

3.

Circle Officer, Nawanagar, Buxar.

4.

Accountant General, Bihar, Beerchand Patel Path Marg, Patna. 5.

Senior Accounts Officer, Bihar, Patna.

6.

Treasury Officer, Bhojpur, Ara.

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

For the Petitioner/s :

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

Mr.Ranjan Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 18-05-2020 The petitioner has approached this Court for payment of arrears of pension for the period 1.10.2003 to 30.09.2010 and interest for delay in payment thereof.

In the counter affidavit it has come that an amount of Rs. 3,33,616/- was paid to the petitioner on 16.08.2017. Now, the simple grievance of the petitioner in the present case is that petitioner cannot be made to suffer for the lapses of the respondents. The value of money has decreased phenomenally. The amount of Rs. 3,33,616/- was paid after 7 years and as such the petitioner is entitled to be compensated at least at the Bank rate interest.

Patna High Court CWJC No.7914 of 2017(4) dt.18-05-2020 2/2 Considering the inordinate delay of 10-14 years, as the petitioner retired on 30th September, 2003 and he was paid his arrears of pension for the period from 1st October 2003 to 30th of September, 2010 on 16.08.2017, in all fairness the petitioner should be compensated by payment of interest at the Bank rate interest. The amount of Bank rate interest on Rs. 3,33,616/- should be paid to the petitioner by the respondents within a period of 60 days from today. The amount of interest should be realized from all concerned responsible for delay in making payment of arrears of pension.

In the event there is delay in payment of interest, the interest amount shall be paid by the Principal Secretary of the Department from his own pocket.

With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) spandey/- U