Patna High Court
Sujit Kumar Roy vs The State Of Bihar on 17 March, 2025
Author: P. B. Bajanthri
Bench: P. B. Bajanthri, Alok Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.711 of 2021
In
Civil Writ Jurisdiction Case No.14322 of 2019
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Sujit Kumar Roy, S/o Late Ramesh Chandra Resident of Mohalla- Vivek
Vihar Colony, Road No. 1 Hanuman Nagar, P.S.- Patrakar Nagar, District-
Patna.
... ... Appellant
Versus
1. The State of Bihar Through the Chief Secretary, Govt. of Bihar, Patna.
2. The Chief Secretary, Government of Bihar, Patna.
3. Principle Secretary, Labour Resources Department, Govt. of Bihar, Patna.
4. The Labour Commissioner, Labour Resources Department, Govt. of Bihar,
Patna.
5. The Deputy Secretary, Labour Resources Department, Govt. of Bihar, Patna.
6. The Director, General Provident Fund, Bihar, Patna.
7. The Treasury Officer, Vikash Bhawan, Government of Bihar, Patna.
8. The Accountant General, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Puneet Siddharha, Advocate
For the Respondent/s : Mr. Ajay Kumar Rastogi ( Aag10 )
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 17-03-2025
Ref: A.I. No. 01 of 2022
Heard I.A. No. 01 of 2022 for condonation of
delay. There is a delay of about 140 days in filing L.P.A. No.
711 of 2021. For the reasons stated in the application read with
the affidavit and in the interest of litigant, delay of about 140
days in filing L.P.A. No. 711 of 2021 stands condoned.
Patna High Court L.P.A No.711 of 2021 dt.17-03-2025
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2. Accordingly, I.A. No. 01 of 2022 stands allowed.
3. Appellant has assailed the order of the learned
Single Judge dated 05.07.2021 passed in C.W.J.C. No. 14322 of
2019. Core issue involved in the present lis is to the extent that
learned Single Judge has committed error in not extending
interest on belated settlement of gratuity amount, which was due
to the Appellant as on 31.12.2018, the date on which he has
attained age of superannuation and retired from service.
Gratuity was not released due to pendency of department
enquiry. Even as on the date of learned Single Judge order dated
05.07.2021
, departmental enquiry was still pending
consideration. The learned Single Judge has made an
observation that departmental enquiry shall be completed within
a period of three months, failing which Appellant is entitled to
gratuity amount.
4. Respondents have not complied the order of the
learned Single Judge to the extent of completing the
departmental proceedings. However, determined gratuity
amount has been paid in the month of October, 2021. In this
backdrop, Appellant is entitlted to interest on belated settlement
of gratuity amount at the rate of 6% per annum. In the normal
course, Appellant is entitled to gratuity amount within three
Patna High Court L.P.A No.711 of 2021 dt.17-03-2025
months from the date of his retirement namely 31.12.2018. In
other words, he is entitled to interest with effect to 01.04.2019
till October, 2021. The same shall be calculated at the rate of 6%
per annum and release the same within a period of 08 weeks
from the date of receipt of this order, failing which Appellant is
entitled to litigation cost and it is quantified at Rs. 25,000/- (Rs.
Twenty Five Thousand).
5. With above observation and direction, the
present L.P.A. No. 711 of 2021 stands disposed of.
(P. B. Bajanthri, J)
( Alok Kumar Sinha, J)
manish/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 19.03.2025
Transmission Date NA
