IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.215 of 2016
IN
Civil Writ Jurisdiction Case No. 687 of 2009
1. The State Of Bihar through Commissioner -cum- Secretary, Department of Water
Resources, Govt. of Bihar, Sichai Bhawan, Patna
2. The Under Secretary, Department of Water Resources, Govt. of Bihar, Old
Secretariat, Patna
3. The Chief Engineer, Water Resources Department (Irrigation), Anisabad, Patna
4. The Treasury Officer, Sichai Bhawan, Patna
5. The District Provident Fund Officer, Patna
…. …. Respondents- Appellants
Versus
1. Ram Chandra Thakur, S/o Late Ram Sarwal Thakur, R/o village Harpur, P.S.
Peor, District- Muzaffarpur Petitioner- Respondent 1st Set
2. The Accountant General, Bihar, Patna Petitioner-Respondent 2nd Set
Appearance :
For the Appellant/s : Mr. Alok Ranjan, Advocate
For the Respondent/s : Mr. Aditya Narain Singh, Advocate
Mr. Kundan Kumar Sinha, Advocate
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date: 18-07-2017
Shri Alok Ranjan, Advocate appears for the State
Government.
Mr. Aditya Narain Singh, Advocate appears for the
respondents.
The writ petitioner is a retired employee and his petition
has been allowed to the extent of granting interest at the rate of 12%
for the delay in settlement of his pensionary benefit. We propose to
pass the following order after hearing learned counsel for the
respondent No.1.
Patna High Court LPA No.215 of 2016 dt.18-07-2017
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This appeal has been filed by the State Government
seeking exception to an order dated 6.8.2015 passed by the Writ Court
in CWJC No. 587 of 2009. The respondent No. 1-employee was
working in the Water Resources Department and on attaining the age
of superannuation in the year 2004, he retired from the post of Junior
Engineer. While in service he was suspended on 29.7.1999 because of
his involvement in a criminal case under Section 498A. During the
period of his suspension he retired but after his retirement his
pensionary benefit was not settled. He represented and on his
representation it was found that he was acquitted in the year 2008 and
finally even the departmental proceedings initiated against him,
culminated by dropping the proceedings in the year 2010. In spite of
that when the pensionary benefit was not granted, he filed a writ
petition in 2009 and the learned Writ Court found that during the
pendency of the writ petition in the year 2012 the pensionary benefit
was settled. However, it was found by the learned Writ Court that
merely because the petitioner was suspended on account of his
involvement in a criminal case for the offences under Section 498A
and no action was taken against him, his pensionary benefit after
retirement in 2004, cannot be withheld, this is not permissible in law
and finding delay of 8 years in settling the pensionary benefit,
directed payment of interest at the rate of 12%.
Patna High Court LPA No.215 of 2016 dt.18-07-2017
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In doing so for the reasons as are indicated hereinabove,
we see no error in the order of the Writ Court warranting
reconsideration.
The appeal stands disposed of.
(Rajendra Menon, CJ)
S.Pandey/- (Anil Kumar Upadhyay, J)
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 20.07.2017
Transmission
Date