IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.731 of 2009 1. The State of Bihar through the Commissioner-cum- Secretary, Water Resources Department (Irrigation) Sinchai Bhawan, Patna. 2. Deputy Secretary, Water Resources Department, Government of Bihar, Sinchai Bhawan, Patna. … Appellants/Respondents. Versus 1. Kishori Lal, son of Late Munaka Lal, resident of Mohalla- Kaimasbikoh, P.O.-Patna City, District- Patna. Retired Executive Engineer (IC), Water Resources Department (Irrigation), Govt. of Bihar, Patna. …….Respondent/petitioner. 2. Accountant General, Bihar, Birchand Patel Path, Patna. …… Respondent/respondent. For the appellants : Mr. Prabhat Kumar Singh Standing Counsel-21. For respondent no.1 : Mr. Ranjeet Kumar, Advocate Mr. Gopi Jha, Advocate. ----------- 07. 16/02/2010 I.A.No.3446 of 2009 This is an application for condonation of delay of 1 year 109 days in preferring the appeal. Be it noted, this court on 06.01.2010 had allowed the application for condonation of delay subject to payment of cost of Rs.10,000/- within a stipulated period of time. It is submitted by Mr. Prabhat Kumar Singh, learned counsel for the State that Rs.10,000/- has already been paid to the respondent no.1. In view of the aforesaid, the appeal can be taken - 2 - up for admission. L.P.A.No.731 of 2009 Heard Mr. Prabhat Kumar Singh, learned counsel for the State and Mr. Ranjeet Kumar, learned counsel for the private respondent. In this intra-court appeal the assail is to the order dated 14th December, 2007 passed by the learned Single Judge in CWJC No.12114 of 1998, whereby the learned Single Judge in paragraph 21 has held thus:- “The order dated 09.03.1994 reducing pension to 70% is accordingly, set aside. Relying upon 2002 (1) PLJR 775 (State of Bihar Vs. Gauri Shankar Sinha) this Court directs that the Respondents shall be at liberty to proceed afresh with regard to the same depending upon the final orders that may be passed in the two departmental proceedings upon the order of remand in CWJC No.9070 of 1997. The petitioner shall be entitled to 9% simple interest till today on all his service dues allowed. He shall be entitled to 9% simple interest on his payable retirement dues as may be determined upon conclusion of the departmental appeal after remand. The dues shall carry such interest till 29.11.2007 when C.W.J.C.9070 of 1997 was remanded and thereafter from the date that the departmental proceedings are required to be concluded by the order dated 29.11.2007 in C.W.J.C No.9070 of 1997 till such payment be made.” In course of hearing Mr. Prabhat Kumar Singh, learned counsel for the State and Mr. Ranjeet Kumar, learned counsel appearing for the private respondent fairly stated that - 3 - the whole controversy relates to direction for payment of 9% simple interest on service dues as well as retirement dues. On a further deliberation being made Mr. Ranjeet Kumar, learned counsel for the private respondent stated that private respondent would forgo 9% simple interest on service dues. In view of the aforesaid, Mr. Prabhat Kumar Singh, learned counsel for the State fairly stated that there need not be further deliberation with regard to other aspects which have been canvassed in this appeal. In view of the aforesaid, the order passed by the learned Single Judge is modified on concession that private respondent shall not be entitled to 9% simple interest till the delivery of the order by the learned Single Judge on all service dues. As further agreed to, the service dues and also all other admitted retiral dues shall be paid to the private respondent by end of April, 2010. With the aforesaid modification, the appeal stands disposed of. There shall be no order as to costs. Sunil (Dipak Misra, C.J.) ( Ramesh Kumar Datta, J.)