MOHAN LAL SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) INITIALLY this Letters Patent Appeal was filed against the order dated 15.9.2006 passed in Civil Review No. 38 of 2005 arising out of order dated 1. Initially this Letters Patent Appeal was filed against the order dated 15.9.2006 passed in Civil Review No. 38 of 2005 arising out of order dated 1.2.2005 passed in CWJC No. 12483 of 2003 by the learned Single Judge but at the time of submission, we also, taking the larger interest into consideration, permitted the learned Counsel to challenge the impugned judgment in the connected writ petition (CWJC No. 12483 of 2003), Therefore, we deal with the submissions raised before us as review petition was dismissed.

(2.) FOLLOWING facts may be articulated which have emerged from the record. The appellant original writ petitioner came to be superannuated on 30.9.1997 from service of the State Government in Class III as clerk in Fishery Department. He filed a petition complaining that retiral dues were paid late and, therefore, he desired direction for grant of interest on the delayed payment.

(3.) THE prayer has been that the appellant original writ petitioner should be paid interest upon delaved payment of retiral dues for a spell of 3 and 1/2 years from the date of his superannuation. Ordinarily, in such case, we are sympathetic to the grievances of the pensioners. However, following facts are revealing which would not permit us to take a sympathetic or liberal view at all as there was no omission or commission or mistake un the part of the respondents authorities.