LETTERS PATENT APPEAL No.376 OF 2005 ---------- Against order dated 4.10.2004, passed by a learned Single Judge of this Court in C.W.J.C.NO. 3341 OF 2004. ---------- 1. The State of Bihar through the Secretary, Water Resources Department, Bihar, Patna. 2. The Secretary, Water Resources Department, Bihar, Patna. 3. The Under Secretary, Water Resources Department, Bihar, Patna. 4. The Chief Engineer, Irrigation, Darbhanga. ----------- (Appellants/Respondents) Versus 1. Raja Ram, Prasad S/O Late Lal Jee Prasad, East Dahiyawa, Mission Road, Chapra (Saran), Police Station Chapra, Chapra. (Respondent/petitioner 1st Set). 2. The District Provident Fund Officer, Patna (Respondent/Respondent 2nd Set) --------- For the appellants:- Mr Kumar Alok, SC 19. For the respondent:- ---------- P R E S E N T THE HON'BLE MR JUSTICE SUDHIR KUMAR KATRIAR THE HON'BLE MR JUSTICE SAMARENDRA PRATAP SINGH The State of Bihar has preferred this appeal under Clause 10 of the Letters Patent of the High Court of Judicature at Patna, and raises a grievance with respect to the order dated 4.10.2004, passed by a learned Single judge of this Court, in C.W.J.C.No.3341 of 2004 (Raja Ram Prasad Vs. The State of Bihar & others), whereby the writ petition has been disposed of with the direction to pay a sum of Rs.49,056/- along with interest at the rate of 10% per annum. 2 2. We have perused the materials on record and considered the submissions of learned counsel for the parties. Mr Raja Ram Prasad, the writ petitioner, superannuated from service on 30.6.1997, while he was functioning as the Registrar (Head Quarters), Water Resources Department (Irrigation), Sichai Bhawan, Bihar, Patna. He continued to be in occupation of Government Quarters for a long time and vacated it on 30.3.1998. The State Government taking the petitioner’s occupation of Government quarter to be unauthorized, determined Rs. 41,664/- to be the amount payable by the writ petitioner for the occupation beyond his period of entitlement. The petitioner was not paid the balance amount of Rs. 49,056/- . 3. We do not find fault with the decision of the State Government to recover the balance amount from the post retrial benefits of the petitioner. We, however, take exception to non-payment of the balance amount of Rs.49,056/- of the leave encashment admissible and payable to the petitioner. In that view of the matter, we entirely agree that the balance amount of Rs. 49,056/- along with 10 % interest is payable to the petitioner. 4. We note the submission made by the learned Standing counsel that the said sum of Rs. 49,056/- has already been paid to the writ petitioner, perhaps after the present appeal was lodged, though he is unable to inform us of the date of 3 payment. The writ petitioner shall be entitled to interest at the rate of 10 % with effect from 30.6.1997, till the date of payment. 5. We find no justification for the present appeal. The State Government has burdened this Court with a most unwanted matter, and harassed the respondent also. The State Government is reminded of the two fold conclusions of a research work in law that the State government, governmental agencies, and instrumentalities of the Government are parties to at least 70 percent of the litigations in this country. The second conclusion is that, on account of inaction, inefficiency, corruption, ulterior motives and the like, they are passing on their own decision-making to Courts. 6. The State Government is also reminded of the conclusion arrived at by Mr. Bibek Debroy in his book entitled “The Indian Judiciary In the Dock: Absurdities of Indian Law‟, that the pending litigations in this country without any addition thereto, will take 324 years for disposal. These observations were made about two decades ago, and the situation has further deteriorated. One Judge of the Andhra Pradesh High Court in one of his speeches recently has made observations that it will now take 350 years or so to dispose of the pending cases. 8. This appeal is dismissed with costs quantified at Rs. 10,000/- (ten thousand), payable to respondent no.1. All the 4 amounts, interest, & costs shall be paid together to the petitioner within three months from today. 9. Let a copy of this order be handed over to Mr. Kumar Alok, learned Standing Counsel 19, to be forwarded to the Chief Secretary, Government of Bihar, to control the flow of litigations to Courts at the instance of the State Government, and to fall in line with the litigation policy of the State Government. (Sudhir Kumar Katriar) (Samarendra Pratap Singh) Patna High Court Dated November 29, 2010. Shashi/NAFR