Rajesh Kumar vs State Of Bihar And Others

Madhuresh Prasad, J

The matter was mentioned for listing on urgent basis, which was allowed by Hon'ble the Chief Justice.

Accordingly, the same has been listed today for consideration through Video Conferencing.

Mr. Binod Kumar Labh, counsel for the petitioners, Mr. Ashutosh Ranjan Pandey, AAG-15 for the State and Mr. Nagendra Kumar Singh counsel for the J.P. University are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual Court proceedings with the aid of audiovisual technology.

The admitted dues of the petitioners have been paid to them.

Mr. Labh, learned counsel appearing for the petitioners, submits that some interest should be awarded as payment of dues, admissible to the petitioners, in respect of services rendered by their father till the date of his death in harness on 08.12.2015 has been paid now in the instant proceedings.

From the order sheets, it appears that under orders of this Court in the instant proceedings, the petitioners finally submitted the requisite papers for grant of benefits in respect of the deceased employee in harness. The University has taken a plea in the counter affidavit that since the requisite papers had not been submitted earlier, the claim of the petitioners could not be processed earlier.

In view of the dispute raised with respect to untimely/ timely submission of requisite papers for grant of dues, no case is made out for grant of interest by this Court exercising jurisdiction under Article 226 of the Constitution of India.

Petitioners, however, would be at liberty to raise their claim/grievance for grant of interest in appropriate civil proceedings.

The writ petition is disposed off.