IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1097 of 2010 The Bihar State Food & Civil Supplies Corporation Limited, through the Managing Director, Sone Bhawan, 5th Floor, Beer Chand Patel Path, P.S. Sachivalaya, District- Patna. ….Respondent-Appellant. Versus 1. Sushila Devi, W/o Late Rabindra Kumar Singh, R/O Mohalla- Mohan Nagar, near D.M. Kothi, Jail Road, P.S. Rampur, District- Gaya. …..Petitioner….Respondent. 2. The State of Bihar. 3. The Secretary –cum- Commissioner, Department of Food and Civil Supplies, Government of Bihar, Patna. 4. The Deputy Secretary, Food and Civil Supplies, Government of Bihar, Patna. 5. The Director Provident Fund, Government of Bihar, Patna. 6. The District Magistrate, Gaya. 7. The District Provident Fund Officer, Gaya. 8. The Sub-Divisional Magistrate, Sairghati, Gaya. 9. The Accountant General, Bihar II (A and E), Birchand Patel Path, Patna. …Respondents…..Respondents. ----------- 2. 29.06.2011 Heard Mr. R.S. Pradhan for the appellant. This appeal under Clause 10 of the Letters Patent of the High Court of Judicature at Patna has been preferred by respondent no.9 of C.W.J.C. No.14556 of 2005 (Sushila Devi vs. The State of Bihar and others), and is aggrieved by the order dated 14.5.2010, whereby the writ petition at the instance of respondent no.1 herein has been allowed, and the appellant herein has been restrained from realizing interest on the amount recoverable from the late husband of respondent no.1. 2 2. A brief statement of facts essential for the disposal of this appeal may be indicated. Rabindra Kumar Singh, the late husband of respondent no.1 herein was, a Supply Inspector in the services of the Bihar Government. He was so appointed in 1966, and was sent on deputation to the appellant Corporation in 1975. He was repatriated to the Bihar Government on 31.5.1982, and joined the department of Civil Supplies, Government of Bihar. In view of failure and/or refusal on the part of the appellant Corporation in forwarding the employee’s service-book to the State Government, he could not draw his full salary and was paid his basic salary which led to C.W.J.C. No.9463 of 1998. The same was disposed of by this Court by order dated 24.11.1998, whereby the Corporation was directed to send the last-pay certificate to the State Government. The same was forwarded by the Corporation to the State Government by its communication dated 6.2.1999, which contained a list of deductions and stated that a sum of Rs.1,06,383.58P was due to the Corporation payable by the employee on account of outstanding advance to him. The employee superannuated from the services of the Bihar Government with effect from 28.2.2002. Thereafter there were a number of litigations in 3 this Court mainly on the question of realization of interest on the amount in question. The dues of the Corporation amounting to Rs.1,06,383.58P was never in dispute. Before the matter could be sorted out, the employee died on 21.4.2005, leaving the liability of repayment to the widow. 3. On a consideration of the entire materials, the learned Single Judge came to the conclusion that the appellant is raising a stale claim of realization of interest after lapse of seventeen years, and that too from the widow. He has in substance held that the period from 1982 till 6.2.1999 is absolutely unexplained. The learned Single Judge has also held that, the widow is not in a position to explain the state of affairs which took place long time ago, when her husband was alive. In such a situation, the learned Single Judge has directed the appellant Corporation to refrain from realization of interest on the amount in question. We entirely agree with the reasoning assigned by the learned Single Judge in his order. We do not find any merit in this appeal. 4. In the result, this appeal is dismissed. The entire dues of respondent no.1 herein admissible to her late husband and also to herself in the capacity of widow of the late employee together with admissible interest thereon until the 4 date of respective payment(s), after adjusting the amount of Rs.1,06,383.58P receivable by the Corporation, shall be paid to her within a period of three months from today, failing which the entire dues of respondent no.1 shall carry interest at the rate of 9% thereafter till the date of payment. (S.K. Katriar, J.) (Amaresh Kumar Lal, J.) S.K.Pathak/