Patna High Court
Siya Ram Singh vs The State Of Bihar on 4 December, 2023
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16946 of 2022
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Siya Ram Singh, Son of Late Ram Bujhavan Singh, Resident of Village-
Rasalpur, P.S.- Muffasil, District- Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of General
Administration, Government of Bihar, Patna.
2. The Divisional Commissioner, Magadh Division, Gaya.
3. The District Collector Cum District Magistrate, Gaya.
4. The Block Development Officer, Amas Block, District- Gaya.
5. The Circle Officer, Manpur, District- Gaya.
6. The Treasury Officer, Gaya.
7. The Accountant General (A and E) Birchand Patel Marg, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Virendra Prasad, Advocate
For the Respondent/s : Mr. Dr. Mukeshwar Tiwari, AC to AAG-3
For the A.G. : Mr. Arun Kumar Arun, Advocate
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 04-12-2023
Heard Mr. Virendra Prasad, learned counsel appearing
on behalf of the petitioner and Dr. Mukeshwar Tiwari, learned
counsel for the State. The Accountant General, Bihar is
represented by Mr. Arun Kumar Arun, learned counsel.
2. The petitioner, who superannuated on 30.04.2021
from the post of Assistant, Amas Block, Gaya, filed the present
writ petition seeking a direction upon the respondents to ensure
payment of the family pension, including gratuity, commutation
of pension, leave encashment and up-to-date salary.
Patna High Court CWJC No.16946 of 2022 dt.04-12-2023
3. It is submitted across the Board that during the
pendency of the writ petition, the petitioner has already been
accorded all the admissible retiral/other benefits, however, the
same has been done belatedly after a delay of 18 months. He
thus submits that the petitioner should be allowed the interest
over the delayed payment in the light of the Government
letter/notification as contained in Memo No. PC-2-1-46/79/3155
dated 07.11.1981, which provides payment of interest on
delayed payment of all kinds of pension. He next submits that
there are catena of judgments of this Court wherein adequate
interest has been imposed over the delayed payment.
4. At this stage, learned counsel for the State submits
that all the retiral/other dues of the petitioner have been
accorded to him in accordance with law and there is no delay in
making payment of any of the retiral/other dues.
5. Considering the submissions made on behalf of the
parties, the present writ petition stands disposed of with a liberty
to the petitioner to file representation before the respondent
no.3, the District Collector-cum-District Magistrate, Gaya,
preferably within a period of four weeks' from today along with
the relevant letter/order/documents in support of his claim for
interest over the delayed payment.
Patna High Court CWJC No.16946 of 2022 dt.04-12-2023
6. If such representation is filed by the petitioner
within the stipulated period noted hereinabove, the concerned
respondent authority shall pass a reasoned and speaking order in
the light of the Government Circulars/Letters preferably within
a period of six weeks thereafter.
(Harish Kumar, J)
uday/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 06.12.2023
Transmission Date NA
