IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.80 of 2009 1. THE STATE OF BIHAR THROUGH THE INDUSTRIAL DEVELOPMENT COMMISSIONER-CUM- SECRETARY TO THE GOVT. OF BIHAR IN THE DEPARTMENT OF INDUSTRY HAVING HIS OFFICE IN SECRETARIAT, PATNA. 2. THE FINANCE COMMISSIONER, BIHAR, PATNA 3. THE DIRECTOR OF INDUSTRIES, BIHAR, PATNA. 4. THE ADDITIONAL DIRECTOR OF INDUSTRIES ( TECHNICAL) BIHAR, PATNA 5. THE DEPUTY DIRECTOR OF INDUSTRIES (MECHANICAL) BIHAR, PATNA …. APPELLANTS. Versus 1. SURYANATH SINGH SON OF LATE RAMJEE SINGH, RESIDENT OF VILLAGE CHANDIPATTI, P.S. KARAKAT DISTRICT ROHTAS. 2. THE PATNA INDUSTRIAL AREA DEVELOPMENT AUTHORITY THROUGH THE MANAGING DIRECTOR, PATNA INDUSTRIAL AREA DEVELOPMENT AUTHORITY UDYOG, PATNA. 3. THE ACCOUNTANT GENERAL, BIHAR. … RESPONDENTS. ----------- For the Appellants: Mr. Bijay Kumar Pandey, J.C. to G.P.18. For the Respodents : Mr. A.B.Ojha, Adv. 4/ 27-03-2009 Respondent no.1 of this appeal ( writ petitioner) approached this Court for pensionary benefits. Earlier to that writ petition he had filed C.W.J.C. NO. 1707 of 2003, which was disposed of directing the respondents to take final decision regarding the claim of the writ petitioner- respondent no.1. Despite direction of this Court the respondents had not taken final decision. The writ petitioner was appointed on 13.11.1964 initially on temporary post of Electrician in the office of Community Project Officer, Kishanganj, Purnea, by the Government of Bihar in the department of Industries and Technology. Thereafter he served the respondents at various places and services of the writ petitioner were transferred finally to the 2nd respondent, namely, Patna Industrial Area Development Authority, Patna, w.e.f. 01.04.1978. He finally retired on 31.01.1978 as Area - 2 - Incharge of Industrial Area, Barun, Aurangabad. In a similar case this Court observed that aggregate of the total service will be put together for purposes of calculating pension. Against that order the 2nd respondent filed S.L.P. (Civil) No. 1684 of 2005 and analogous cases before the Apex Court. The Apex Court allowed all the three S.L.Ps. directing the State Government for making payment of pension and other benefits due in accordance with law. Counsel for the writ petitioner- respondent no.1 has also produced a copy of the order passed in C.W.J.C. No. 13821 of 2004 dated 07.03.2005 in which the learned Single Judge has directed the respondents to fix pension taking into account the service rendered by him in the Industries Department of the Government of Bihar as well as Patna Industrial Area Development Authorities, where he was transferred. The direction was for making payment of all dues within four weeks from the date of service of copy of the order. It is submitted that the payment of pension and other pensionary benefits as well as revision of salary should also be made to the writ petitioner- respondent no.1. Against the order of learned Single Judge this appeal has been filed by the appellant- State. It has been stated that pensionary benefits have already been paid to the writ petitioner and only the statutory interest is to be paid.. The appellant is only questioning the direction to pay pensionary benefits to the respondent no.1 without statutory interest . The learned Single Judge has directed the - 3 - respondents to make payment of statutory interest also on the pensionary dues for which respondent no.1 was entitled in the eye of law. Only retiral benefits were paid and statutory interest was payable. It appears that despite direction of the Apex Court and various other decisions of this Court in similar cases the writ petitioner is moving pillar to post for getting his pensionary benefits in spite of the direction of this Court. Considering the facts and circumstances of the case, we see no ground to interfere with the impugned order. The excess payment, if made, is allowed to be deducted from the pension amount due to the writ petitioner. ( J. B. Koshy, CJ ) ( Dr. Ravi Ranjan, J ) BTiwary/