STATE OF BIHAR Vs. SIYA RANI

JUDGEMENT

(1.) HEARD learned counsel for the appellants and the learned counsel for the sole respondent who has appeared by filing a vakalatnama.

(2.) THE appellants are aggrieved by the order dated 22.3.2005 passed in CWJC No. 11092 of 2003 and MJC No. 618 of 2005 by which the learned Single Judge has ordered for payment of penal interest to the writ petitioner -respondent at the rate of 7% on the entire amount except GPF which have accrued by way of retiral dues as well as cost of Rs. 2000/.

(3.) THE learned Single Judge disposed of the said writ petition alongwith other cases in terms of the orders passed in CWJC No. 7054 of 2003. and analogous cases on 19.9.2003 with modification that two paragraphs affidavit personally sworn by the concerned authority must be filed by 5th December, 2003, and the parties will be bound by the said direction and they should proceed in the matter accordingly. Thereafter a revival petition was filed on behalf of the writ petitioner -respondent pursuant to which the matter was taken up on 29.3.2004 and during course of hearing learned counsel for the State produced two demand drafts one for Rs. 1,54,193/ - and the other for Rs. 3,261/ - for payment of the remaining dues. He also produced the details of calculation. The two drafts and the details of calculation were handed over to the learned counsel for the writ petitioner -respondent. Thereafter the learned Single Judge dropped the procceding with liberty to the writ petitioner -respondent to move the authority concerned in case there is any discrepancy in the calculation. The relevant part of the order dated 29.3.2004 runs thus: "Learned counsel for the petitioner, however, submitted that pursuant to the authority for life time pension of the deceased employee payments have not been made so far. The authority has been issued to the Treasury Officer, Muzaffarpur. The Treasury Officer, Muzaffarpur is thus directed to ensure encashment/ payment of life time pension pursuant to the authority issued by the Accountant General within a week of the receipt/ production of a copy of this order, failing which the petitioner will be at liberty to file two pages affidavit for revival of the contempt matter against him. However, the petitioner is given liberty to move the authority concerned in case there is any discrepancy in the calculation."