If entitled to benefits, arrears of salary will be determined, along with interest at 6% per annum, and disbursed: Patna High Court

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17521 Pratima Singh Wife of Shri Parmanand Pandey Resident of Mohalla Laxminarayan Nagar P.O. R.K. Ashram Bela P.S. Mithanpura District ... Petitioner s The State of Bihar through the Principal Secretary Department of Social Welfare Government of Bihar Patna The Principal Secretary Department of Social Welfare Government of Bihar Patna The Accountant General Government of Bihar Patna The Director Provident Fund Bihar Patna The District Magistrate Banka The District Programme Officer Banka The District Provident Fund Officer Bhagalpur The Senior Account Officer Office of Accountant GeneralBihar The Special Secretary Department of Social Welfare Government of Bihar ... Respondent s For the Petitioner s For the Respondent s CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI Date : 24 01 2022 Mr.Vagisha Pragya Vacaknavi Mr. Prashant Pratap GP 2 The matter is heard via video conferencing due to circumstances prevailing on account of the COVID 19 2. State counsel accept notice for respondents 3. In the instant petition petitioner has prayed for following reliefs: Patna High Court CWJC No.17521 dt.24 01 2022 “1. That this is a writ petition on behalf of the Petitioner for issuance of a writ of mandamus or writs in the nature thereof or any other appropriate writs orders directions for commanding the respondents for payment of following pre retirement legal monetary dues to the petitioner with interest: a) to make payment of arrears of monthly salary for the period of 3rd November 2005 to 16th November 2006 as well as the monthly salary of December 2012 and January 2013 b) to make payment of difference of arrears of salary from 1.4.2007 to 30.12.2008 as per the report of the 6th Pay Commission amounting to Rs. 11983 c) to make payment of arrears of difference of monthly salary to be calculated on the basis of pay scale of MACP to be commenced from 9.8.2009 under the new scheme of 2010 made applicable from d) to make payment of T.A. for the financial year 2010 11 and 2011 12 amounting to Rs. 15 400 only e) to make payment of interest 18 % p.a. over illegally withheld amount of Rs. 1 83 450 which is arrears of salary from February 2005 to 2nd November 2005.” 4. Grievance of the petitioner is pending consideration before the competent authority 5. Therefore the competent authority is hereby directed to redress the grievance of the petitioner within a period Patna High Court CWJC No.17521 dt.24 01 2022 of four months from the date of receipt of this order. If the petitioner is not entitled to any benefits in that event necessary speaking order shall be passed and communicated to the petitioner. If the petitioner is entitled for benefits in that event arrears shall be calculated along with interest @ 6% p.a. on arrears of pay and shall be disbursed in the light of the Apex Court’s decision in the case of Vijay L. Mehrotra Vs. State of U.P. & Ors. reported in9 Supreme Court Cases 687 6. With the above observations the instant petition stands disposed of P. B. Bajanthri J

Summary: If the petitioner is entitled to benefits, arrears of salary will be determined, along with interest at 6% per annum, and disbursed and if the petitioner is not entitled to any benefits, the necessary spoken order should be issued and conveyed to the petitioner is upheld by the High Court of Patna through the learned bench led by HONOURABLE MR. JUSTICE P. B. BAJANTHRI in the case of Pratima Singh Vs. The State of Bihar (Civil Writ Jurisdiction Case No. 1750 of 2021) Brief facts of the case are that this is a writ petition on behalf of the Petitioner for the issuance of a writ of mandamus or writs in the nature thereof, or any other relevant writs/orders/directions requiring the respondents to pay the petitioner’s pre-retirement legal monetary dues along with interest. Petitioner requested court to instruct the respondents to pay Rs. 11983/- in arrears of monthly salary for the period of 3 November 2005 to 16 November 2006, as well as the monthly salaries of December 2012 and January 2013, and to pay the difference in arrears of salary for the period of 1.4.2007 to 30.12.2008, as per the 6th Pay Commission’s report. Further, the respondents are required to pay payment of arrears of difference in monthly salary calculated on the basis of MACP pay scale to be commenced from 9.8.2009 under the new scheme of 2010 made applicable from 1.1.2009, payment of T.A. for the financial years 2010-11 and 2011-12 amounting to Rs. 15,400/- only, and payment of interest @ 18% p.a. over illegally withheld amount of Rs. 1,83,450/- which is arrears of salary from February 2005 to 2nd November 2005. Since the petitioner’s grievance is now being considered by the competent authority, the competent authority is hereby directed to resolve the petitioner’s grievance within four months of receipt of this order. The petition has been dismissed, and if the petitioner is not entitled to any benefits, the necessary spoken order will be issued and conveyed to the petitioner. If the petitioner is entitled to benefits, arrears of salary will be determined, along with interest at 6% per annum, and disbursed in accordance with the Supreme Court’s decision in Vijay L. Mehrotra Vs. State of U.P. &amp; Ors., reported in (2001) 9 Supreme Court Cases 687.