IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1239 of 2002 UMA DEVI, WIFE OF LATE HARDEO SINGH, R/O MOHALLA NEW BAHADURPUR, RAJENDRA NAGAR, PATNA. -(PETITIONER)-APPELLANT Versus 1.THE STATE OF BIHAR THROUGH THE COMMISSIONER, FINANCE DEPARTMENT, BIHAR, PATNA. 2. THE JOINT SECRETARY OF FINANCE DEPARTMENT, GOVT. OF BIHAR, PATNA. 3. THE TREASURY OFFICER, PATNA. 4. THE CHIEF MANAGER, ALLAHABAD BANK, MAIN BRANCH, PATNA. 5. THE SENIOR MANAGER, ALLAHABAD BANK, RAJENDRA NAGAR, PATNA. 6. THE BRANCH MANAGER, ALLAHABAD BANK, RAJENDRA NAGAR, PATNA. -(RESPONDENTS)-RESPONDENTS. ------- FOR THE APPELLANT ; M/S S.K. AGRAWAL, SHANTI PRATAP, & BINAY KUMAR FOR THE RESPONDENT ; MR. AJAY KUMAR SINHA -BANK 9 18.12.2008 Writ petitioner-appellant aggrieved by the order dated 25th September, 2002, passed in CWJC no. 6007 of 2002 dismissing the writ application, has preferred this appeal under Clause 10 of the Letters Patent. Short facts, giving rise to the present appeal, are that the writ petitioner-appellant (hereinafter referred to as the writ petitioner) is the widow of a Government servant. After the death of the Government servant she is entitled to family pension at the reduced rate. However, by mistake of the 2 paying Allahabad Bank she was given the full pension. When this was detected, it was revised and writ petitioner was asked to refund the excess amount along with interest, failing which she was informed that 33% of the admissible pension i.e. Rs.600/- shall be deducted every month from her pension. Writ-petitioner challenged the aforesaid order by filing the writ application. The learned single Judge found that the excess payment was made due to bonafide mistake of the Bank, the order passed by the Bank for recovery of the amount cannot be interfered with. Accordingly, the writ application was dismissed. This appeal, preferred against the aforesaid order, came up for consideration on 17.11.2008 before a Division Bench who referred the matter to the Full Bench. This is how, the matter has come up before us for consideration. Mr. Agrawal, appearing on behalf of the writ- petitioner-appellant, in view of the decision of Full Bench in the case of Ram Binod Singh Vrs. Bihar State Electricity Board (FB); 2007(3) PLJR 398, questions only the authority of the Bank in charging interest on the excess payment. He 3 submits that the writ petitioner had committed no mistake and as such she is not liable to pay interest on the excess amount paid to her. He points out that at no point of time writ petitioner was informed that in case the payment is not made within the stipulated time, she will be liable to pay interest. Mr. Ajoy Kumar Sinha, appearing on behalf of the respondent-Bank, however, submits that when the writ petitioner has received the excess amount, she is liable to pay interest thereon. Having appreciated the rival submissions, we find substance in the submission of Mr. Agrawal. It is not the case of respondent Bank that on any misrepresentation she was paid the excess amount. In our opinion, in case of fault not attributable to payee, or any agreement to that effect no interest on the amount paid in excess can be recovered. It is only in a case when on notice or information to the payee to deposit the amount within stipulated period, it is not paid, interest may be charged. Mr. Agrawal states that writ-petitioner is prepared to pay the excess amount without interest. Respondent-Bank shall furnish to the writ 4 petitioner the details of the excess amount required to be paid by her without interest after deducting the amount already paid by her, within four weeks from the date of receipt/production of a copy of this order. Writ petitioner shall pay the excess amount paid to her without interest within two months from the date of receipt of the details. Needless to state that in case writ petitioner pays the amount within the time aforesaid, no interest shall be charged from her. In the result, the appeal is partly allowed and stands disposed of with the direction aforesaid. (C.K. Prasad, ACJ) (Barin Ghosh, J.) (Dr. Ravi Ranjan, J.) AAhmad