Rampati Das vs The State Of Bihar & Ors on 10 July, 2014

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Patna High Court - Orders

Rampati Das vs The State Of Bihar & Ors on 10 July, 2014

Bench: Ajay Kumar Tripathi

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Civil Writ Jurisdiction Case No.18574 of 2013
                 ======================================================
                 1. Rampati Das, Son of Late Sukh Lal Das, Resident of Village and Po -
                 Sonbhadra, Police Station - Karpi, District - Arwal

                                                                        .... .... Petitioner/s
                                                    Versus
                 1. The State of Bihar through the Principal Secretary, Animal Husbandry
                 Department, Bihar, Vikas Bhawan, Bailey Road, Patna
                 2. The Principal Secretary, Finance Department, Government of Bihar,
                 Patna
                 3. The Director-Cum-Joint Commissioner, Directorate General Provident
                 Fund, Pant Bhawan, Bailey Road, Patna
                 4. The District Provident Fund Officer, Patna
                 5. The Assistant Director Cattle (D.V.) Large Cattle Development (Project),
                 Field Level, Patna
                 6. The Accountant General, Bihar, Birchand Patel Path, Patna - 800001
                 7. The District Animal Husbandry Officer, Jehanabad

                                                                  .... .... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    : Mr. Uma Kant Shukla
                                           Mr. Ghanshyam Sharma
                 For the Respondent State: Mr. Raju Giri, GA 30
                                           Mr. Nikhil Agrawal, AC to GA 30
                 For Respondent No. 6 :    Mrs. Nivedita Nirvikar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI
                 ORAL ORDER


3   10-07-2014

A short question raised by the learned counsel for the petitioner is whether the decision contained in Annexure-7 denying the benefit of payment of interest of the gap period and the rationale and reasoning given therein is sustainable?

Taking in to consideration the various decisions which have come from various Benches of the Court, the legal position which emerges after Ram Pavitra Singh's case is that even for the gap period an employee is entitled to payment of interest. 2 Patna High Court CWJC No.18574 of 2013 (3) dt.10-07-2014 2/2

The order contained in Annexure-7 stands quashed. The matter is required to be reconsidered and a decision taken with regard to payment of interest even for the gap period.

Writ application is allowed.

(Ajay Kumar Tripathi, J) R.K.Pathak/-

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Patna High Court - Orders