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Judgment
Now, it is contended oh behalf of the State by Mr. S.S. Naiyar Hussair., Senior Advocate, G.P. 2 on being instructed by Mr. Abbas Haider, that the entire arrears have been paid to the widow.
Yesterday, the Court inquired that if for 26 years payment was not made on these post retirement benefits, then, paying interest on the amount today will be at the expense of the public exchequer and in the circumstances for anybody who has been in default whether a petty government official or in hierarchy, both could be accountable to make up for this deficiency.
Today, learned Counsel for the State on instructions submitted that the amount bearing interest is the result of interest having accrued in the account where it lay and that this is the amount which is being paid.
Again a question arises who delayed the payment for 26 years? The State cannot get away with this blatant, negligence or callousness in not paying post retirement dues to a widow. This would be a fit case to award cost throughout on this appeal and the writ petition. In addition, compensation of Rs. 1,000/- be paid to the Appellant which will be deposited with the Registrar General, Patna High Court within two weeks from today.
The. appeal succeeds.