LAWS(PAT)-2014-11-10

REKHA DEVI Vs. THE STATE OF BIHAR

Decided On November 03, 2014
REKHA DEVI Appellant
V/S
THE STATE OF BIHAR Respondents

JUDGEMENT

(1.) THE writ petitioner Rekha Devi is the wife of late Indrakant Mishra, a lecturer in the respondent -L.N. Mithila University, Darbhanga (hereinafter referred to as 'the University'). The said Indrakant Misra died on 16th May 2006 in harness. The petitioner is constrained to approach this Court for recovery of terminal dues admissible on the death of late Indrakant Mishra.

(2.) THE claim for terminal dues made by the petitioner has not been disputed by the University. Although learned counsel Mr. Ajay Behari Sinha had on 26th September 2014 made statement before this Court and had assured the Court that all payments will be made before 14th October 2014, till date the University has not paid the admitted dues.

(3.) IN view of the aforesaid admitted dues, the respondent -University is directed to pay the outstanding dues of Rs. 3,58,121/ - and Rs. 4,82,800/ - to the petitioner within three weeks from today. It is evident that the aforesaid amount was due and payable in May 2006 when late Indrakant Mishra died. The petitioner has been deprived of the said amount for more than eight years. The petitioner is, therefore, entitled to recover interest on the aforesaid sums of Rs. 3,58,121/ - and Rs. 4,82,800/ - at the rate of 6% per annum for the period from 1st June 2006 till the date of payment. In the event, the aforesaid amounts are not paid within three weeks as directed, the petitioner will be entitled to recover interest at the rate of 9% per annum from 1st June 2006 till the date of payment.