Disposed

Chandra Shekhar Singh v. The State Of Bihar and Ors.

Patna HC10 Sept 2018CWJC/14716/2018

Case brief

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What is this about?

A writ petition wherein the petitioner sought relief for delayed payment of retiral/terminal dues. The High Court held that the delay entitles the petitioner to 6% simple interest on the specific amounts.

What did the court decide?

Directing the Registrar to ensure 6% simple interest is paid on Gratuity and Earned Leave from the due date till actual payment, to be done within four weeks.

Chandra Shekhar Singh Vs The State Of Bihar… — Pension and Retirement Benefits | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No. 14716 of 2018

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Chandra Shekar Singh S/o Late Rajbalam Singh, Resident of Village - Dinesh Vatika, South Tenduni, P.S. - Bikramganj, District- Rohtas.

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.... .... Petitioner/s

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Versus

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The State of Bihar through Principal Secretary, Higher Education, Government of Bihar, Patna.

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The Vice Chancellor, Veer Kunwar Singh University, Ara.

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The Registrar, Veer Kunwar Singh University, Ara.

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The Finance Officer, Veer Kunwar Singh University, Ara.

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.... .... Respondent/s =========================================================== Appearance : For the Petitioner/s : Mr. N. N. Tiwary, Advocate For the V.K.S.U. : Mr. Arasind Nath Pandey, Advocate For the State : Mr. Rajeev Ranjan, A.C. to G.P. 20 =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT

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Date: 10-09-2018

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Heard counsel for the petitioner; State and Veer Kunwar

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Singh University (hereinafter referred to as the ‘University’).

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At the very outset, learned counsel for the University sought permission to delete paragraph no. 5. Permission granted. Let the same be done during the course of the day.

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From the counter affidavit, it transpires that the admitted dues of the petitioner have been paid.

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Learned counsel for the petitioner submitted that he superannuated in January, 2013, but payments of remaining retiral/terminal dues have been made only in the year 2018, i.e., after almost five years. From the averments made in the counter affidavit,

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Patna High Court CWJC No.14716 of 2018 dt.10-09-2018

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the contention of the petitioner is substantiated.

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In view thereof, delay relating to payment of

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retiral/terminal dues would entitle the petitioner to interest.

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Accordingly, the writ petition stands disposed off with a direction to the Registrar of the University to ensure that for the delay caused in payment of entire amount of Gratuity and Earned Leave, 6% simple interest be paid to the petitioner from the date it became due till the date of actual payment. The same be paid within four weeks from the date of production of a copy of this order before the Registrar of the University. The Court would clarify that interest is restricted only to the aforesaid two items as they only qualify as post retirement benefit and further, the same shall be only with regard to the amount which was paid after delay.

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(Ahsanuddin Amanullah, J.)

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P. Kumar

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AFR/NAFR U

Chandra Shekhar Singh v. The State Of Bihar and Ors.

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Chandra Shekhar Singh v. The State Of Bihar and Ors.

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