Sunder Kumar Sharma vs The State Of Bihar
2023 Latest Caselaw 5023 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.13320 of 2023
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Sunder Kumar Sharma Son of Late Kapildeo Singh, Resident of Village- Ronniya, Police Station- Khijar Sarai, District- Gaya.

... ... Petitioner/s Versus

1. The State of Bihar Through the Principal Secretary, Department of Science and Technology, Government of Bihar, Patna.

2. The Director, Department of Science and Technology, Government of Bihar, Patna.

3. The Incharge Principal, Government Polytechnic, Gaya, District- Gaya.

4. The District Provident Fund Officer, Gaya.

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

For the Petitioner/s : Mr. Arun Kumar, Advocate For the Respondent/s : Mr. Ajay ( GA- 5 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 03-10-2023 Heard Mr. Arun Kumar, learned counsel appearing

on behalf of the petitioner and Mr. Ajay, learned GA-5 for the

State.

2. Learned counsel appearing on behalf of the

petitioner submitted that substantial amount of retiral dues has

been paid to the petitioner but the petitioner has been denied due

interest on account of delay in making payment and seeks to file

a detailed representation before the Director, Department of

Science and Technology, Government of Bihar.

3. Considering the limited relief sought for on

behalf of the petitioner as well as law laid down by the Apex Patna High Court CWJC No.13320 of 2023 dt.03-10-2023

Court in case of State of Kerala V. M.Padmanabhan Nair

reported in (1985) 1 SCC 429 and D.D.Tewari V. Uttar

Haryana Bijli reported in (2014) 8 SCC 894, in which it is

stated that employers are responsible to make payment of

interest on account of delay in making payment. In light of the

said decision of the Apex Court, interest as claimed for by the

petitioner must be paid to the petitioner at the rate of 12.5% as

per the law laid down by the Apex Court in the above decisions

within a period of four weeks.

4. This Court further clarifies that the pension is

required to be calculated one month before the date of

retirement as well as the same is required to be paid not beyond

a period of three months as per the several government circulars

and central government directives.

5. With above observations and directions, the

present writ petition is disposed of.

(Purnendu Singh, J)

Niraj/-

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