Citation : 2024 Latest Caselaw 1649 Patna
Judgement Date : 5 March, 2024
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1260 of 2019
In
Civil Writ Jurisdiction Case No.3131 of 2016
======================================================
1. The State of Bihar Through Principal Secretary, Cabinet Secretariat
Department, Patna Airport, Patna-14
2. The Chief Flying Instructor Bihar Flying Institute, Civil Aviation Director,
Patna Airport, Patna
3. The Chief Ground Instruction Bihar Flying Institute, Civil Aviation Director,
Patna Airport, Patna
4. The Administrative Officer Civil Aviation Directorate, Govt. of Bihar, Patna
5. The Director (Operation) Civil Aviation Directorate, Patna Airport, Patna
... ... Appellant/s
Versus
1. Girija Sharma W/o Late Radha Kant Prasad Sharma Resident of 101C,
Jagmano Shree Apartment, Arra Garden, P.s.- Rupaspur, District- Patna.
2. Krishna Kant Sharma S/o Late Radha Kant Prasad Sharma Resident of
101C, Jagmano Shree Apartment, Arra Garden, P.s.- Rupaspur, District-
Patna.
3. Chaudra Kant Sharma S/o Late Radha Kant Prasad Sharma Resident of
101C, Jagmano Shree Apartment, Arra Garden, P.s.- Rupaspur, District-
Patna.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Vinay Kirti Singh, GA-2
Mr. Venkatesh Kirti, AC to GA-2
For the Respondent/s : Mr. Akhileshwar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 05-03-2024
Pursuant to our order dated 06.02.2024,
supplementary affidavit along with Annexure-A (Series) has
been placed on record. Perusal of Annexure-A (Series), it is
evident that monetary benefits, which were due to the
respondent Girija Sharma has been ordered on 29.02.2024.
Patna High Court L.P.A No.1260 of 2019 dt.05-03-2024
Monetary benefits for the period from 01.11.2007 to 22.07.2009
it has been calculated at Rs. 4,14,194/-. Similarly, for the period
from 23.01.2010 to 06.07.2011 has been calculated at Rs.
3,49,677/-.
2. It is only a paper order physical payments have
not been made. The respondent is entitled to interest at the rate
of 6% per annum on account of enormous delay in settlement of
monetary benefits. The same shall be calculated and disbursed
in the light of Hon'ble Supreme Court decision in the case of
Vijay L. Mehrotra Vs. State of Uttara Pradesh and others
reported in 2001 9 SCC 687. If the above payments are not
disbursed in favour of the respondent within a period of three
weeks from today, in that event, respondent is permitted to file
Interlocutory Application to revive this order.
3. Accordingly, the present L.P.A. as well as
pending I.As stands disposed of.
(P. B. Bajanthri, J)
( Alok Kumar Pandey, J) Manish/-
AFR/NAFR N.A.F.R. CAV DATE N.A Uploading Date 07.03.2024 Transmission Date N.A
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