Bihar State Financial Corporation vs. State Of Bihar

Ü ITEM NO.24 COURT NO.8 SECTION XVI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C)....../2015 CC No(s). 173/2015 (Arising out of impugned final judgment and order dated 13/05/2014 in LPA No. 1658/2011 passed by the High Court of Judicature at Patna) BIHAR STATE FINANCIAL CORPORATION & ORS. Petition er(s) VERSUS STATE OF BIHAR & ORS. Responde nt(s) (with appln. (s) for c/delay in filing SLP and c/delay in refiling SLP) Date : 12/01/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE For Petitioner(s) Mr. M. P. Jha,Adv. Mr. Harshvardhan Jha,Adv. Mr. Ram Ekbal Roy,Adv. Mrs. Yugandhra Jha,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Delay condoned. After hearing Mr. M.P. Jha, learned counsel for the petitioners, we find that the petitioners have complied with the ultimate direction of the Division Bench of the High Court as found in paragraph 44 of the impugned judgment. The details of which have been set out in page 'I' of the special leave petition paper book. Signature Not Verified The net amount stated to have been paid to the private Digitally signed by Narendra Prasad respondent Date: 2015.01.15 14:52:56 IST was Rs.9,91,802/- after the statutory ded uctions. Reason: However, admittedly, the petitioners did not comply with the

1 directions contained in paragraph 39 of the judgment, wherein the Division Bench has directed as under:-

"39. Hence, the writ petitioner would be entitled to payment of full salary up to 19.8.1998 and we direct the appellant Corporation accordingly to pay the same expeditiously and not later than three months from the date of receipt of a copy of the order, failing which the appellant Corporation shall be liable to pay interest @ 9% pendente lite."

The only stand of the petitioners was that the contesting private respondent was paid subsistence allowance from 01.05.1996 to 31.07.1998. If that be so, the compliance of the directions contained in paragraph 39 would be for the petitioners to pay the balance of the salary payable to the private respondent from 01.05.1996 to 19.08.1998. Such payment shall be made by the petitioners to the private respondent within four weeks from today along with the interest @ 9% for a period of five months i.e. from August, 2014 to December, 2014.

With the above observations and directions, the special leave petition stands disposed of.

(NARENDRA PRASAD) (SHARDA KAPOOR) COURT MASTER COURT MASTER

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