The State of Bihar and Others vs Raj Bihari Tiwary

This is an appeal of the State of Bihar challenged the order dated 7 January, 2002 on CWJC No. 13559 of 2001: Raj Bihari Tiwary v. State of Bihar and Ors.

This appeal was filed on 20 December, 2002 after a delay of almost one year. The Court does not find anything ncorrect in the order. The order was passed under the notice of the Respondent. Secondly, the learned Judge has also recorded that any payment which made was only (sic) been issued to Responded No. 3.

In the circumstances there is no issue that the Respondent writ Petitioner was not entities to his post retirement benefits and also with interest. There is no error (sic) that the learned Judge declared that he would be entitled to penal interest at the rate of 6%. In this regard the State would be well advised to pay heed to the case of The State of Kerala and Others Vs. M. Padmanabhan Nair,

Too many matters of admitted post (sic) not being paid on the (sic) these matters and in this regard the Court has already declared in one matter re. LPA No. 1029 of 2002: Jahauri Shankar Verma v. The Chairman, Bihar State Electricity Board vide order dated 25.9.2002 [reported in Jahanvi Shankar verma Vs. The Chairman Bihar State Electricity Board and Others that retirement papers ought to be processed much before the incumbent retires.

In the circumstances this appeal is dismissed.

Copy of this order be sent to the Law Secretary.