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Patna High Court

Mostt. Rita DeviversusAnimesh Kumar Parasar, the Municipal Commissioner Patna Municipal Corporation

Decided
Disposal
DISPOSED

Holding

The contempt petition is disposed of, and the petitioner is directed to seek interest by filing a representation before the municipal authority.

Summary

Rita Devi, widow of the late Jagdish Mishra, filed a petition seeking the family pension due for the period 15-06-1995 to 15-06-2002. The Patna Municipal Corporation eventually paid the amount of Rs.59,402 by RTGS, but the payment was made after a delay of 32 years. The petitioner then filed a contempt petition claiming that interest should be awarded on the delayed amount. The corporation contended that the payment had been made and no further liability existed. The Court observed the belated nature of the payment, dismissed the contempt petition and directed the petitioner to approach the municipal authority with a representation for interest, thereby disposing the petition.

Issues considered

  • Whether the petitioner is entitled to interest on the family pension amount that was paid after a delay of 32 years
  • Whether the contempt petition filed by the petitioner is maintainable in view of the payment made by the corporation

Subjects

  • family pension
  • interest on delayed payment
  • contempt petition
  • municipal corporation
  • RTGS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.541 of 2024
                                                      In
                                Civil Writ Jurisdiction Case No.724 of 2021
                 ======================================================
                 Mostt. Rita Devi Wife of Late Jagdish Mishra, resident of Mohalla Kurmi
                 Tola Devi Asthan, P.S. Alamganj, District Patna.

                                                                           ... ... Petitioner/s
                                                Versus
           1.    Animesh Kumar Parasar, the Municipal Commissioner Patna Municipal
                 Corporation Budh Marg, Maurya Lok, Patna.
           2.    Devendra Kumar Prabhat Ranjan, the Executive Officer of New Capital
                 Circle Patna Municipal Corporation, Community Hall Harding Road, Patna.
           3.    Jyot Prakash,The Finance Accounts Controller Patna Municipal Corporation,
                 Budh Marg Maurya Lok, Patna.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :   Mr.Vijay Kumar Singh, Adv.
                 For the Opposite Party/s :   Mr. Sanjay Prakash Verma, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

7   13-02-2026                  Heard the parties.

                                2. By referring to the show cause affidavit filed on

                   behalf of the Patna Municipal Corporation, Mr. Sanjay Prakash

                   Verma, learned Advocate for the Patna Municipal Corporation

                   submitted that the family pension for the period 15.06.1995 to

                   15.06.2002 amounting to Rs.59402/- has been paid to the

                   petitioner through RTGS.

                                3. At this stage, learned Advocate for the petitioner

                   submitted that the amount has been paid belatedly and in fact

                   after 32 years and, as such, the petitioner prays for interest over

                   such amount.
           Patna High Court MJC No.541 of 2024(7) dt.13-02-2026
                                                       2/2




                                  4. Be that as it may, the contempt petition stands

                     disposed of with liberty to the petitioner to approach before the

                     authority by filing an appropriate representation with respect to

                     the claim for interest over the delayed payment.



                                                 (Harish Kumar, J)
Anjani/-

U


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