Patna High Court
Ravindra Kumar SharmaversusThe State of Bihar through the Additional Chief Secretary, Department of Health
- Decided
- Disposal
- DISPOSED
- Bench
- HARISH KUMAR
Holding
The court modified the earlier order, directing the respondents to also pay interest on delayed house rent, dearness allowance, earned leave, and other dues.
Summary
The petitioner, a former employee, sought modification of a prior judgment that had directed the State of Bihar to pay his revised gratuity with interest, but omitted interest on other delayed allowances such as house rent, dearness allowance, earned leave, and other dues. The petitioner argued that the omission was inadvertent and that interest should also accrue on these delayed payments. The court examined the original writ petition and the counter‑affidavit, noting the oversight. It held that the respondents should consider the claim for interest on all delayed allowances, not just gratuity. Consequently, the court modified its earlier order to include interest on the remaining heads of payment. The modification order was issued by Justice Harish Kumar.
Issues considered
- Whether the earlier order directing payment of revised gratuity with interest should be modified to include interest on other delayed allowances.
Subjects
- gratuity
- interest
- delayed payment
- modification of order
- civil writ jurisdiction
- government employee benefits
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.3572 of 2025
In
Civil Writ Jurisdiction Case No.9025 of 2024
======================================================
Ravindra Kumar Sharma Son of Late Suryadeo Singh, resident of village-
Jamalpura, P.O. Korawa via Naubatpur, P.S. Naubatpur District- Patna, at
present Resident of 103, Block- B, Monika Apartment, Maurya Path,
Khazpura, P.O. B.V College, Patna - 800014.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Department of
Health Government of Bihar, Patna.
2. The Additional Chief Secretary, Department of Health, Government of
Bihar, Patna.
3. The Director-in-chief Health Services, Government of Bihar, Patna.
4. The Civil Surgeon cum-Chief Medical Officer, Buxar.
5. The Additional Chief Medical Officer-cum District Leprosy Programme
Officer, Buxar.
6. Sanjay Kumar, the then Office Clerk, Leprosy Control Unit, Buxar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailesh Kumar, Adv.
For the Opposite Party/s : Mr. Subhesh Chandra Mishra, SC-16
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
3 13-02-2026 Heard the parties.
2. The application is filed for modification of the
order dated 28.03.2025 passed by this Court in C.W.J.C. No.
9025 of 2024, whereby this Court has been pleased to dispose
off the writ petition with a direction to the respondent nos. 2 to 4
to consider the claim of the petitioner for revised Gratuity in
terms of the Finance Department Resolution dated 27.05.2013
along with interest over the delayed payment.
Patna High Court MJC No.3572 of 2025(3) dt.13-02-2026
2/2
3. It is submitted that the delay has occurred in
payment of all the other allowances under different head, but, on
account of inadvertence, only with respect to claim of the
petitioner for revised Gratuity in terms with the Finance
Department Resolution has been directed to be paid along with
interest, leaving the claim of interest over the delayed amount
under the remaining head.
4. Considering the fact and the averments made in the
writ petition, specially R/1 series of the counter affidavit, this
Court modified the order dated 28.03.2025 to the extent that the
respondent nos. 2 to 4 shall also consider the claim of the
interest over the delayed payment under the remaining head i.e.
House Rent, Dearness Allowance, difference of Earned Leave
and other dues.
5. Accordingly, the order stands modified to the extent
indicated hereinabove.
(Harish Kumar, J)
supratim/-
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