Allowed

Muneshwar v. the State of Bihar and Ors.

Patna HC23 Jan 2009CWJC/6844/2002

Case brief

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What is this about?

Petitioner sought payment of arrears of salary and allowances. Court directed payment of legitimate dues within three months, imposed 4% per annum interest on delay, and authorized recovery of interest from responsible officials.

What did the court decide?

Direction to pay legitimate dues within three months, interest of 4% per annum on delay, and liberty to recover interest from responsible officials.

Muneshwar Vs the State of Bihar and Ors. — Pension and Retirement Benefits | Patna HC (2009)

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 IN THE HIGH COURT OF JUDICATURE AT PATNA
 CWJC No.6844 of 2002
 MUNESHWAR
 Versus
 THE STATE OF BIHAR & ORS

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23.01.2009 Heard leaned Counsel for the petitioner and the learned Counsel for the State.

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The prayer in this writ application is for arrears of salary and difference of pay from March 1997 to September 2000 including arrears of salary for the period waiting for posting from 1.7.1998 to 18.11.1999. Arrears of salary have also been claimed from 1.10.2000 to 14.11.2000 and from February 2001 apart

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from certain other allowances.

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A counter affidavit has been filed. The claims do not appear to be denied. Para 6 of the counter affidavit states that fund have been sought for the purpose.

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Counsel for the petitioner submits that the dues still remain payable.

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The writ application is disposed with a direction to pay the legitimate appears/ dues of the petitioner in accordance with

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law within a maximum period of three months from the date of receipt and/or production of a copy of this order.

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In view of the nature of the stand taken by the respondents in the counter affidavit this Court further considers it proper to direct that the arrears/dues so found payable to the petitioner in the wisdom of the respondents shall also carry interest @ 4 % per annum from the date that it became payable till 25.6.2002, the date of institution of the writ application.

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The respondents shall be at liberty to hold a departmental enquiry and fix responsibility for the delay in payment of the legitimate dues of the petitioner and recover the interest from the salary of the delinquent concerned.

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Snkumar/-

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(Navin Sinha,J.)

Muneshwar v. the State of Bihar and Ors.

Case brief

What is this about?

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Muneshwar v. the State of Bihar and Ors.

Case brief

What is this about?

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