Petitioner sought 8% interest on delayed gratuity and group insurance money as a former Sone CAD Agency employee. The court refused interest due to the agency's dissolution and disposed of the writ application without allowing the claims.
Prayer for 8% interest on gratuity and group insurance money dismissed; writ application disposed of.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3578 of 2017
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Gokul Prasad Deo, Son of Late Biran Prasad Deo, Maurya Bihar, Near Devi Mandir Balmi Road, Police Station - Khagaul, District - Patna.
... ... Petitioner/s
... ... Respondent/s
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Appearance :
For the Petitioner/s : Ms. Pravina Kumari, Advocate For the Respondent/s : Mr. Anjani Kumar, AAG-4
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CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT
Date : 21-01-2021
Heard the parties.
Petitioner was an employee of Sone Command
Area Development Agency. Petitioner has prayed for eight per cent interest on the gratuity amount which was paid to the petitioner after one year of retirement. Another prayer was for payment of group insurance money which has already been received by the petitioner.
Learned counsel for the respondent no. 5 submits that the Sone Command Area Development Agency has now been dissolved and when it was functional, the gratuity amount
Patna High Court CWJC No.3578 of 2017 dt.21-01-2021 2/2
was being paid to the employees on receipt of the fund from the State Government against individual retired employee.
The petitioner retired on 31.01.2016 and the State Government released gratuity amount in respect of the petitioner and other retired employees on 30.12.2016. Thereafter by office order at Annexure-D to the counter affidavit direction for payment was issued and, accordingly, in the month of January, 2017, gratuity amount was paid.
Considering the peculiar situation of the office wherein retired employee was working and the fact that the office has already been dissolved, this Court is not inclined to allow any payment of interest on the gratuity amount.
Hence, this writ application stands disposed of.
(Birendra Kumar, J)
Kundan/-
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2 issues framed by the court
Whether interest on delayed gratuity payment should be awarded when the employing agency is dissolved.
Whether group insurance money received by the petitioner is relevant to the claim for interest.
1 provisions across 1 enactments
Gokul Prasad Deo
The State of Bihar through the Chief Secretary, Government of Bihar
The Principal Secretary, Water Resources Department, Government of Bihar
The Secretary, Sone Command Area Development Agency
The Area Development Commissioner-Cum-Chairman, Sone Command Area Development Agency
The Managing Director, Water and Land Management Institute
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
