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Patna High Court

Ravindra Kumar SharmaversusThe State of Bihar through the Additional Chief Secretary, Department of Health

Decided
Disposal
DISPOSED

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/-

U


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