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

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. & Ors., reported in (2001) 9 Supreme Court Cases 687.

Click here to read the judgment

Judgement reviewed by – Pooja Lakshmi

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