02/ 27-Jan-2011 IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.20351 of 2010 JAI KALI DEVI, W/O LATE KAMLA PRASAD SINGH R/O MOHALLA-1A/12, NEW PATLIPUTRA COLONY, PATNA, P.O. PATLIPUTRA, P.S.PATLIPUTRA AND DISTT-PATNA- 800013……………………………………………...PETITIONER Versus 1. THE UNION OF INDIA (THRU MINISTRY OF HOME, NEW DELHI) 2. THE STATE OF BIHAR (THRU THE CHIEF SECRETARY), OLD SECRETARIAT, PATNA-1. 3. THE SECRETARY, DEPARTMENT OF HOME (POLICE), GOVERNMENT OF BIHAR, OLD SECRETARIAT, PATNA…………………………………………RESPONDENTS. For the petitioner:-Mr. Anil Kumar Mukund, Adv For State:- Mrs. Divya Verma, AC to AAG-3 ----------- Heard the parties. 2. The matter has been heard in detail on an earlier date but order was not passed because learned counsel for the petitioner wanted to show us from the copy of the earlier judgment in his favour whether any direction for payment of consequential benefits was passed in his favour or not while directing the authorities to consider his promotion to IPS Cadre with retrospective effect. The copy of that order has not been shown to us and therefore we presume that the facts mentioned in the impugned order of the Central Administrative Tribunal, Patna Bench, Patna are correct and there was no direction for any consequential 2 benefits. 3. The present writ petition arises out of impugned order of the Tribunal dated 29th September 2010 contained in Annexure-3 whereby the said O.A. has been dismissed and claim of the petitioner for payment of interest on the amount paid to him on account of promotion to the IPS cadre from an earlier date has been rejected. 4. From the facts mentioned in the impugned order, it is clear that by order dated 02.11.1999 passed in O.A. No.83/1998 preferred by the petitioner, the Tribunal gave direction to review the case of the applicant for inclusion of his name in the select list and if found entitled then to promote him to IPS Cadre within a fixed time period. After the petitioner filed certain contempt applications before the Tribunal, the Government of India, Ministry of Home Affairs by an order dated 26.03.2002 promoted the petitioner to the IPS Cadre with retrospective effect i.e., 19.12.1996 when his immediate junior was so promoted. 5. On the basis of order dated 26.03.2002 by the Government of India, the State of Bihar without any 3 specific direction for payment of consequential benefits itself decided to pay such benefits and issued authority letter dated 31.12.2003 for payment of difference in the salary amounting to Rs.5 Lacs and odd and also for payment of difference towards gratuity and pension also, a total amount of Rs. 7,48,207/- was paid by the State of Bihar through the Treasury in February 2004. 6. In our view the Tribunal has correctly appreciated the relevant facts and held that there was no unreasonable delay in making necessary payment to the applicant after the order for promotion was passed by the Government of India and specially after the State Government decided in October 2003 by writing a letter to the Accountant General, Bihar that financial benefits shall be given to the petitioner. 7. We do not find any good reasons to exercise writ jurisdiction for payment of interest to the petitioner in the aforesaid circumstances. The writ petition is, therefore, dismissed. perwez (Shiva Kirti Singh, J.) (Dr. Ravi Ranjan, J.)