Citation : 2021 Latest Caselaw 4681 Patna
Judgement Date : 16 September, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.312 of 2020
In
Civil Writ Jurisdiction Case No.11042 of 2019
======================================================
1. A.N. Sinha Institute of Social Studies, Patna through its Registrar.
2. Director, A.N. Sinha Institute of Social Studies, Patna.
... ... Appellant/s
Versus
1. Bipin Bihari Mandal Son of Late Gopal Chandra Mandal, resident of flat No. 18, Vishal Kunja Apartment, Kazipur, Road No. 4, Police Station- Kadamkuan, District - Patna, Pin code - 800004
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, Advocate For the Respondent/s : Mr.Ajay Kumar Rastogi (AAG 10) Mr. Arun Kumar Arun, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)
(The proceedings of the Court are being conducted by Hon'ble the Chief Justice/Hon'ble Judges through Video Conferencing from their residential offices/residences. Also the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.)
Date : 16-09-2021
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 of Bihar& Ors., by a
learned Single Bench of this Court.
It is not in dispute that the amount of gratuity was Patna High Court L.P.A No.312 of 2020 dt.16-09-2021
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 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)
K.C.Jha/-
AFR/NAFR CAV DATE Uploading Date 17.09.2021 Transmission Date
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