The State Of Bihar v. Girija Sharma

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1260 of 2019 In Civil Writ Jurisdiction Case No.3131 of 2016 ====================================================== 1.

The State of Bihar Through Principal Secretary, Cabinet Secretariat Department, Patna Airport, Patna-14 2.

The Chief Flying Instructor Bihar Flying Institute, Civil Aviation Director, Patna Airport, Patna 3.

The Chief Ground Instruction Bihar Flying Institute, Civil Aviation Director, Patna Airport, Patna 4.

The Administrative Officer Civil Aviation Directorate, Govt. of Bihar, Patna 5.

The Director (Operation) Civil Aviation Directorate, Patna Airport, Patna ... ... Appellant/s

Versus

1.

Girija Sharma W/o Late Radha Kant Prasad Sharma Resident of 101C, Jagmano Shree Apartment, Arra Garden, P.s.- Rupaspur, District- Patna. 2.

Krishna Kant Sharma S/o Late Radha Kant Prasad Sharma Resident of 101C, Jagmano Shree Apartment, Arra Garden, P.s.- Rupaspur, DistrictPatna. 3.

Chaudra Kant Sharma S/o Late Radha Kant Prasad Sharma Resident of 101C, Jagmano Shree Apartment, Arra Garden, P.s.- Rupaspur, DistrictPatna. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Vinay Kirti Singh, GA-2 Mr. Venkatesh Kirti, AC to GA-2 For the Respondent/s :

Mr. Akhileshwar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 05-03-2024 Pursuant to our order dated 06.02.2024, supplementary affidavit along with Annexure-A (Series) has been placed on record. Perusal of Annexure-A (Series), it is evident that monetary benefits, which were due to the respondent Girija Sharma has been ordered on 29.02.2024.

Patna High Court L.P.A No.1260 of 2019 dt.05-03-2024 2/2 Monetary benefits for the period from 01.11.2007 to 22.07.2009 it has been calculated at Rs. 4,14,194/-. Similarly, for the period from 23.01.2010 to 06.07.2011 has been calculated at Rs. 3,49,677/-.

2. It is only a paper order physical payments have not been made. The respondent is entitled to interest at the rate of 6% per annum on account of enormous delay in settlement of monetary benefits. The same shall be calculated and disbursed in the light of Hon'ble Supreme Court decision in the case of Vijay L. Mehrotra Vs. State of Uttara Pradesh and others reported in 2001 9 SCC 687. If the above payments are not disbursed in favour of the respondent within a period of three weeks from today, in that event, respondent is permitted to file Interlocutory Application to revive this order.

3. Accordingly, the present L.P.A. as well as pending I.As stands disposed of.

(P. B. Bajanthri, J) ( Alok Kumar Pandey, J) Manish/- AFR/NAFR N.A.F.R.

CAV DATE N.A Uploading Date 07.03.2024 Transmission Date N.A