The High Court held that authorities cannot withhold entire post-retiral dues due to loss of cement bags, ordering payment after deducting the specific loss amount within six weeks, with interest at 9% or 18% if delayed.
Payment of dues after deducting cement cost within six weeks; interest at 9% p.a. on delayed payment payable within eight weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No. 14687 of 2008
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Gopi Nath Pathak Son of Late Sidheshwar Pathak, Resident of VillageBakawan, P.S. Bhadaur, District- Patna. .... .... Petitioner Versus 1. The State of Bihar 2. The Principal Secretary, Human Resources Department Government of Bihar, Patna. 3. Director, Secondary Education, Bihar, Patna. 4. District Education Officer, Patna. 5. The Director, Provident Fund, Bihar, Patna. 6. District Provident Fund Officer, Patna. 7. The In-charge Headmaster, Smt. Radhika Devi High School, Darbe Bhadaur, District- Patna. 8. Ishwar Prasad Singh S/0 not known to the petitioner resident of VillageGous Nagar, P.S. Asthawan, District- Nalanda, the In-Charge Headmaster, Smt. Radhika Devi High School, Darbe Bhadaur, P.S.Bhadaur, District- Patna. 9. Accountant General, Bihar, Patna. .... .... Respondents ====================================================== Appearance : For the Petitioner : Mr. Amitabh Bhardwaj, Advocate. For the State : Mr. Shambhu Nath, A.C. to A.A.G. 3. For the Accountant General : Mr. Ranjan Kumar, Advocate. ===================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 11. 16.01.2015 Learned counsel for the parties are present. In view of the materials brought on record, it transpires that the Accountant General has issued the necessary authority slip in favour of the petitioner for all his post retiral dues. However, actual payment has not yet been paid due to there being outstanding dues against the petitioner with regard to 216 bags of cement which were purchased by him but not utilized for construction and the same having been destroyed. The Court finds that the respondents have not
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acted properly inasmuch as they could only have withheld an amount for which the State suffered loss and not the entire amount of the retiral dues of the petitioner. Whatever was the price of 216 bags of cement, the same could have been adjusted/recovered from the total dues payable to the petitioner and in any view of the matter the rest amount had to be paid to the petitioner without delay. This not having been done is violation of the rights of the petitioner for getting his post retiral dues in time.
Accordingly, the authorities are directed to ensure payment to the petitioner all his dues after withholding of an amount equivalent to the cost of 216 bags of cement which is said to have been purchased by the petitioner and without being utilized got destroyed. The same should be done within six weeks. The petitioner having superannuated on 01.08.2007, this Court, in view of the decision of the Hon’ble Supreme Court in the case of D. D. Tewari v. Uttar Haryana Bijli Vitran Nigam Ltd . reported in (2014) 8 SCC 894 , also awards interest at the rate of 9% per annum to the petitioner on the delayed payment, the same shall be paid within eight weeks, failing which interest at the rate of 18% per annum would be payable.
The application stands disposed off in the aforementioned terms.
The petitioner shall be at liberty to challenge
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the adjustment/recovery made from him on account of loss of 216 bags of cement which was purchased by him, in an appropriate proceeding before the proper forum.
(Ahsanuddin Amanullah, J.)
Anand Kr.
U
2 issues framed by the court
Whether the State could withhold the entire post-retiral dues when only a portion was offset against destruction loss.
Whether interest is payable on delayed payment of retiral dues after exercise of discretion by the Court.
Colour shows how this judgement treated each authority
D. D. Tewari v. Uttar Haryana Bijli Vitran Nigam LtdReferred¶8
(2014) 8 SCC 894 · Who else cites this
1 provisions across 1 enactments
Gopi Nath Pathak
The State of Bihar
The Principal Secretary, Human Resources Department Government of Bihar, Patna
The In-charge Headmaster, Smt. Radhika Devi High School, Darbe Bhadaur
Accountant General, Bihar, Patna
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
