Kamal Kant Jha vs The State of Bihar and Others

Ravi S. Dhavan, C.J. and Shashank Kr. Singh, J.—These cases (L.P.A. Nos. 1174 of 2002, 1270 of 2002, 1322 of 2002, 1071 of 2003, 1316 of 2002, 33 of 2003, 125 of 2002, 1302 of 2002, 1323 of 2002, 58 of 2003 (disposed of on 22-1-2003) and 164 of 2003 (disposed of on 8-3-2003) of citizens seeking their pending post retirement dues are putting a lot of pressure on the High Court.

One average is now very clear from the surface and is discernible from the record of cases that payments of retirement dues are being made during the pendency of the petitioner. In some cases, the State of Bihar is also facing orders of payment of special cost or interest. From this circumstance alone it is clear that the payment of admitted dues was not made and it took an order of the High Court to have the payment delivered. Against the cost awarded the State of Bihar is filing Letters Patent Appeals. In totality the situation is not good that retired employees are not getting their admitted dues.

This Court has suggested to the Additional Advocate General that the State may first identify all these case in which there is no issue that payment of admitted retirement dues has to be made though belatedly so that (a) payments are made and (b) whatever be the statutory interest on it this may also be delivered to the retired State employees.

Let the establishment of the State Counsel give a list of cases for this purpose. If any inquiry is to be made or details obtained of numbers so identified, this may be collected from the Registry.

Thereafter, let a core committee be identified departmentwise and the case taken up by the State Counsel and departments concerned and the Court be intimated that these cases have been resolved and let the work on this aspect begins from today.

List after two week in the supplementary list.