A.N. Sinha Institute Of Social ... vs Ramesh Prasad Sinha
2021 Latest Caselaw 5294 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                         Letters Patent Appeal No.10 of 2021
                                            In
                   Civil Writ Jurisdiction Case No.11443 of 2019
     ======================================================

1. A.N. Sinha Institute of Social Studies, Patna through its Registrar.

2. Director, A.N. Sinha Institute of Social Studies, Patna.

3. Registrar, A.N. Sinha Institute of Studies, Patna.

... ... Appellant/s Versus

1. Ramesh Prasad Sinha Son of Late N.P Sinha, resident of Opposite Aangan Apartment, Congress Maidan Road, Phulwari, Kadamkuan, District - Patna, Pin - 800003.

2. The State of Bihar through the Principal Secretary, Education Department, Bihar, Patna.

3. Accountant General, Bihar, Patna.

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

For the Appellant/s : Mr.Sanjeev Kumar, Adv For the State : Mr.Ajay Kumar Rastogi (AAG 10) For the respondent no.3 : Mr. Arun Kumar Arun, Adv ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 17-11-2021 Heard learned counsel for the parties.

Appellants have prayed for the following relief(s):-

" That this Letters Patent Appeal is directed against judgment and order dated 17.06.2020 passed in CWCJ No. 11443 of 2019 (Ramesh Prasad Sinha versus The State of Bihar & Ors) by Hon'ble Mr. Justice Anil Kumar Upadhyay by which His Lordships was pleased to dispose of the writ application with the direction to the respondent A.N. Sinha Institute to pay interest in terms of the provisions of Sections 7(3) and (3A) of the Payment of Gratuity Act, 1972 on delayed payment of Patna High Court L.P.A No.10 of 2021 dt.17-11-2021

gratuity of Rs. 2,50,000/-. The payment of interest must be made to the petitioner within a maximum period of three months from the date of receipt/production of a copy of this order."

Learned counsel for the Appellants in the presence of

learned counsel for the respondents submit that this case is

squarely covered by a judgment of this Court dated 16.09.2021

passed in LPA No. 312 of 2020, titled as A.N. Sinha Institute

of Social Studies and Anr Vs. Bipin Bihari Mandal and Ors,

and said contention is not disputed by learned counsel for the

respondents, as such present writ petition is disposed of in same

terms of the judgment dated 16.09.2021, which is quoted

hereinbelow:-

"This appeal is directed against the judgment/order dated 17.06.2020 passed in C.W.J.C. No. 11042 of 2019, titled as Bipin Bihari Mandal Vs. The State o f Bihar& Ors., by a learned Single Bench of this Court.

It is not in dispute that the amount of gratuity was also due and payable to the employee along with other dues. The total sum of Rs. 2,50,000/- was not paid within time.

As such, we do not find any fault with the impugned judgment/order whereby the writ petitioner is held entitled to the component of interest thereupon.

The appeal is dismissed on merits, more so in view of the law laid down in Jogendrasinhji Vijaysinghji Patna High Court L.P.A No.10 of 2021 dt.17-11-2021

Vs. State of Gujarat and others, (2015) 9 SCC 1.

Interlocutory application, if any, shall also stand disposed of."

(Sanjay Karol, CJ)

(S. Kumar, J) ranjan/-

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