VISHWADEO PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Amrendra Nath Verma for the petitioner, Mr. Anant Kumar, learned Junior Counsel to Standing Counsel No.9, and Mr. Rakesh Kumar Singh for respondent no.3 (Accountant General, Bihar, Patna). None appears on behalf of respondent no.6 (Chairman-cum-Managing Director, Police Building Construction Corporation, Patna) in spite of valid service of notice, let alone the question of filing counter affidavit. The petitioner seeks a direction to respondent no.6 to make payment of his claim of additional dearness allowance for the period 1.7.1992 to 31.8.1993 with interest.

(2.) We have perused the materials on record and considered the submissions of learned counsel for the parties. The petitioner was at the relevant point of time posted as Executive Engineer with respondent no.6. He superannuated from service with effect from 1.12.1995, while functioning as Superintending Engineer. He was not paid his entitlements towards the additional dearness allowance for the aforesaid period leading to the present writ petition, which was lodged in this Court on 6.11.2001. Copies of this writ petition were served on learned counsel for the respondents earlier than that. By order dated 20.11.2001, notices were directed to be issued to the respondents. The petitioner's claim for additional dearness allowance amounting to Rs. 7,750/- has been paid to him on 23.11.2002. In view of the pendente lite development, the petitioner now confines his claim for payment of interest. Respondent No.6 has not entered appearance in spite of valid service of notice, let alone the question of filing counter affidavit. It was incumbent on respondent no.6 to enter appearance, should have filed counter affidavit and informed this Court as to the reason for the delay in making the payment. We express our displeasure over the conduct of respondent no.6 and, therefore, feel constrained to direct respondent no.6 to make payment of interest at the rate of 6% on a sum of Rs. 7,750/- from the dates the amount(s) became due till the date of payment. Let the same be paid within a period of two months from the date of receipt of a copy of this order.

(3.) The writ petition is accordingly disposed of. Let a copy of this order be handed over to Mr. Arvind Ujjwal, learned Standing Counsel No.11, who shall forward the same to respondent No.6.