In this letters patent appeal against a contempt order directing payment of salary interest to teachers, the court noted that payment and principal had been made by the State, rendering further order unnecessary, and disposed of the appeal.
The appeal was disposed of; state granted liberty to proceed against negligent officials.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.205 of 2014 Arising out of
Miscellaneous Jurisdiction Case No. 499 of 2010
=========================================================== The State of Bihar through the Principal Secretary, Higher Education, Bihar, Patna.
.... .... Petitioners- Respondents
=========================================================== Appearance : For the Appellant : Mr. Anjani Kumar, Sr.Advocate AAG-4
: Mr. Sanjay Prasad, AC to AAG-4
For the Private Respondents : Mr. Ranjan Kumar, Advocate.
Patna High Court LPA No.205 of 2014 dt.17-08-2016
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=========================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA and HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE HEMANT GUPTA)
Date: 17-08-2016
The challenge in the present appeal is to an order dated 06.03.2013 passed in MJC No.4993 of 2010 whereby the state was directed to ensure payment of interest component, which had already been quantified and intimated by the University, be arranged and paid to the petitioners with a period of 15 days.
The said order arises out of the order passed in CWJC No.1409 of 2010 on 30.06.2010 when the Court observed as under:-
“It is high time that both University and the State Government realized that teachers cannot be made to wait for their due remunerations for decades as officers of the State Government so with the teachers of the University they must be paid their remunerations within time. If due payments are not made within a period of two months aforesaid, the petitioners would be entitled to interest at the rate of 12% per annum from the time the amount was due and payable till the time payment is made. The interest so payable would be paid to the petitioners along with payment of the Principal amount and the State would be at liberty to charge the said payment of interest from the persons, who is found responsible for the delay.”
Since the amount of salary or the interest was not paid, a contempt petition was filed in which the impugned order was
Patna High Court LPA No.205 of 2014 dt.17-08-2016
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passed.
Mr. Anjani Kumar, learned senior counsel appearing for the State filed an affidavit to the effect that the payment of the principal amount of salary as well as interest has been made. He further seeks liberty to proceed against the persons who were negligent in terms of the liberty granted by the learned single Bench on 30.06.2010.
In view of the said fact, no further order is called for in the present appeal. The Letters Patent Appeal is disposed of with liberty to the appellant as is granted by learned single Bench of this Court in CWJC No.1409 of 2010 (Jawahar Prasad Singh & Ors. Versus The State of Bihar & Ors.) decided on 30.06.2010.
(Hemant Gupta, J.)
(Ahsanuddin Amanullah, J.)
B.Kr./-
AFR/NAFR NAFR CAV DATE N/A Uploading Date 23.08.2016 Transmission N/A Date
Colour shows how this judgement treated each authority
Jawahar Prasad Singh & Ors. Versus The State of Bihar & Ors.Explained¶37
CWJC No.1409 of 2010
State of Bihar through the Principal Secretary, Higher Education, Bihar
Jawaher Prasad Singh and others
Hemant Gupta
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
