High Court Patna High Court - Orders

Binod Kumar Sinha vs The State Of Bihar &Amp; Ors on 22 November, 2010

Patna High Court – Orders
Binod Kumar Sinha vs The State Of Bihar &Amp; Ors on 22 November, 2010
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    CWJC No.5000 of 2007
                      1. KUMINI DEVI.
                      2. SHILPI SINHA.
                      3. RASHMI SINHA
                      4. AMRITA SINHA
                      5. PRASHAT KUMAR SINHA
                          All heirs of deceased sole petitioner Binod Kumar
                      Sinha, son of Late Janki Sharan, resident of Mohalla-
                      Choti Khanjarpur, Gauri Niwas, Kasi Mistry Lane,
                      P.S.Barari, District Bhagalpur.
                                                         ---Petitioners

                                   Versus
                      1. THE STATE OF BIHAR through the Secretary-
                         Cum-Commissioner,          Rural      Development
                         Department, Government of Bihar, Patna.
                      2. The Deputy Secretary, Road Construction
                         Department, Government of Bihar, Patna.
                      3. The Engineer-in-Chief, Rural Development
                         Department, Government of Bihar, Patna.
                      4. The    Chief    Engineer,      Road    Construction
                         Department, Bihar, Patna.
                      5. The District Magistrate, East Champaran.
                      6. The Block Development Officer, Kalyanpur, East
                         Champaran.
                      7. The Accountant General, Veer Chand Patel Path,
                         Patna.
                                                         ---Respondents

                                               -----------

8. 22.11.2010 Heard learned counsel for the petitioner and the

respondent State as also the Accountant General.

It is an admitted position that all the retiral dues have been

paid by now.

Learned counsel for the petitioner, however, submits that

the retiral dues have been sanctioned and paid to the original writ

petitioner Late Binod Kumar Sinha after sufficient delay, for which

the present petitioners are entitled to interest.

Learned counsel appearing for the State submits that from
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the affidavit brought on the record on behalf of the petitioner it is

not clear as to what is the period and what claims have remained to

be paid further, may be on account of interest.

In the above circumstances, for redressal of the grievance

for payment of interest on account of the delay caused on the part of

the department or its officials, the petitioners propose to present

their claims by way of representation before the Chief Engineer,

Road Construction Department, Bihar, Patna (respondent no.4). In

case such a representation is filed stating the details of their

grievances as also enclosing the copy of the relevant documents, if

any, in support of such claims along with the certified copy of the

present order within a period of four weeks, the grievances of the

petitioners as raised in their representation be considered and

disposed of by a reasoned order in accordance with law

expeditiously, preferably within a period of four months on receipt

of such representation. In case the representation is accepted, the

admitted dues, if any, may also be paid. However, if any of the

claims or any part of the claims is not being paid, the same may be

informed to the petitioners with the reasons thereof.

The writ application stands disposed of with the

above observations/directions.

PNM                                 (Shailesh Kumar Sinha, J.)