High Court disposed of multiple Letters Patent Appeals where State challenged Writ Court's award of 12% simple interest on retirement arrears to teachers. Court held interest entitlement stands, directing State to resolve underlying UGC payment issues.
Interest award upheld with liberty to State to resolve payment issues with UGC.
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.1535 of 2013
In
Civil Writ Jurisdiction Case No.17925 of 2010
======================================================
====================================================== with Letters Patent Appeal No. 1646 of 2013 In Civil Writ Jurisdiction Case No.4991 of 2010
======================================================
The State Of Bihar Through The Secretary Higher Education, Govt. Of Bihar, Patna.
... ... Appellant/s Versus
======================================================
Patna High Court LPA No.1535 of 2013 dt.16-11-2017 2/5
with Letters Patent Appeal No. 1484 of 2013
In
Civil Writ Jurisdiction Case No.4986 of 2010
======================================================
Versus
... ... Respondent/s
======================================================
with
Letters Patent Appeal No. 1572 of 2013 In Civil Writ Jurisdiction Case No.9807 of 2010
======================================================
Versus
... ... Respondents- Respondent/s
======================================================
with
Letters Patent Appeal No. 1527 of 2013 In
Civil Writ Jurisdiction Case No.15393 of 2010
======================================================
Patna High Court LPA No.1535 of 2013 dt.16-11-2017 3/5
... ... Respondents- Appellant/s
... ... Respondents- Respondent/s
with
Letters Patent Appeal No. 1487 of 2013
In
Civil Writ Jurisdiction Case No.14633 of 2010
======================================================
Versus
with Letters Patent Appeal No. 1596 of 2013 In Civil Writ Jurisdiction Case No.15276 of 2010
======================================================
The State Of Bihar, through its Secretary H.R.D. Old Secretariat, Patna.
... ... Respondent-Appellant/s
... ... Respondents-Respondent/s
Patna High Court LPA No.1535 of 2013 dt.16-11-2017 4/5
Appearance : (In Letters Patent Appeal No. 1535 of 2013) For the Appellant/s : AC to PAAG For the Respondent/s : Mr. Ram Naresh Singh, Advocate (In Letters Patent Appeal No. 1646 of 2013) For the Appellant/s : AC to PAAG For the Respondent/s : Mr. Ashok Kumar Keshari, Advocate (In Letters Patent Appeal No. 1484 of 2013) For the Appellant/s : AC to PAAG For the Respondent/s : Mr. Ashok Kumar Keshari, Advocate (In Letters Patent Appeal No. 1572 of 2013) For the Appellant/s : AC to PAAG For the Respondent/s : Mr. Purushottam Kumar Jha, Advocate Mr. Avanindra Kumar Jha, Advocate Mr. Abhisekh Anand, Advocate (In Letters Patent Appeal No. 1527 of 2013) For the Appellant/s : AC to PAAG For the Respondent/s : Mr. Ajay Behari Sinha, Advocate (In Letters Patent Appeal No. 1487 of 2013) For the Appellant/s : AC to PAAG For the Respondent/s : Mr. Chakrapani, Advocate Mr. Jagjit Roshan, Advocate (In Letters Patent Appeal No. 1596 of 2013) For the Appellant/s : AC to PAAG For the Respondent/s : Mr. Ajay Behari Sinha, Advocate ======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)
Date : 16-11-2017
Having heard learned counsel for the parties, we find that the only issue now subsisting is as to whether the learned Writ Court was right in awarding simple interest of 12% per annum on the arrears payable to the teachers-respondents herein. Admittedly, the respondents have retired long back and all arrears along with interest have been paid as stated by learned counsel for the writ petitioners.
Patna High Court LPA No.1535 of 2013 dt.16-11-2017 5/5
The question is as to whether for the delayed payment, the employees were entitled to interest as awarded by the learned Writ Court. The reason for the delay is attributed to be certain correspondences and difference between University Grant Commission and the State. It is stated that the arrears could not be paid merely because of bureaucracy and administrative part in corresponding between the University Grant Commission and the State.
If the legitimate amount due to the employees were denied, we see no error in the order passed by the learned Writ Court in awarding interest to the employees concerned. The State Government, if advised, may take up the issue before the University Grant Commission and resolve the question for payment of interest.
With the aforesaid liberty to the State Government, all these appeals stand disposed of.
(Rajendra Menon, CJ)
(Anil Kumar Upadhyay, J)
Sunil/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 22.11.2017 |
| Transmission Date |
3 issues framed by the court
Whether retired teachers were entitled to simple interest of 12% per annum on arrears due for delayed payment.
Whether the delay in payment due to bureaucratic correspondence justified denial of interest.
Whether the Writ Court erred in awarding interest on the legitimate amount due to employees.
The State Of Bihar Through Principal Secretary (Higher Education)
Dr. Sarla Malviya
Lalit Narayan Mithila University
The State Of Bihar
Jaiprakash Singh
Tilika Manjhi Bhagalpur University
Chief Justice Rajendra Menon
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
