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2020 DIGILAW 1046 (JHR)

State of Jharkhand v. Jaipal Oraon Son of Late Gora Oraon

2020-11-04

RAVI RANJAN, SUJIT NARAYAN PRASAD

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JUDGMENT : The matter has been heard with the consent of learned counsel for the parties through video conferencing. There is no complaint about any audio and visual quality. I.A.No.2333 of 2020 This interlocutory application has been preferred under Section 5 of the Limitation Act for condoning the delay of 186 days in preferring this Letters Patent Appeal. Heard. In view of the submissions made on behalf of the parties and the averments made in the interlocutory application, we are of the view that the appellants were prevented by sufficient cause in preferring the appeal within the period of limitation. Accordingly, I.A.No.2333 of 2020 is allowed and delay of 186 days in preferring the appeal is condoned. L.P.A. No.775 of 2018 The instant intra-court appeal is directed against the order/judgment dated 01.08.2018 passed by the learned Single Judge of this Court in W.P.(S) No.4189 of 2017 preferred by the State of Jharkhand. 2. Mr. Sachin Kumar, learned A.A.G.-II appearing for the appellant-State of Jharkhand has submitted that the order dated 01.08.2018 has been challenged only on the ground that the interest of 5 per cent consolidated has been directed to be paid but there is no specific direction as to by whom the amount of interest at the rate of 5 per cent is to be paid to the writ petitioners, either by the State-appellant or by the University. He further submits that the order passed by the learned Single Judge to the effect granting 5 per cent interest is only being challenged by the State on the ground that there is no delay caused by the State respondent rather according to him, it is the Ranchi University which has caused delay in making payment of post retiral benefits. 3. While on the other hand, Mr. Amit Kumar Sinha, learned counsel appearing for the respondent-Ranchi University, has submitted by referring to his affidavit that it is the State Government which has caused delay in disbursement of the post retiral benefits of the writ petitioners inconsequence of the revision in the pay scale, as, though several correspondence were made by the University before the competent authority of the State for seeking approval in the context, no such approval could be granted causing delay. As such, it is the State which has to make payment of interest at the rate of 5 per cent as directed by the learned Single Judge. 4. As such, it is the State which has to make payment of interest at the rate of 5 per cent as directed by the learned Single Judge. 4. We have considered the rival submissions of the parties and therefore, we have come to the conclusion that the interest at the rate of 5 per cent as has been directed to be paid in favour of the writ petitioners has not been questioned by the State-appellant rather the main issue raised by the State-appellant is regarding the liability of the State or the University to make payment of interest at the rate of 5 per cent per annum. It is urged that the learned Single Judge, since has not clarified such matter in the impugned order, that has compelled the appellants to file the instant appeal. As such, it is contended that the aforesaid order may be modified by directing the Ranchi University to make payment of interest at the rate of 5 per cent per annum. 5. Upon this, Mr. Amit Kumar Sinha, learned counsel appearing for the Ranchi University has submitted that there is no difficulty in making payment of interest at the rate of 5 per cent per annum if the liberty would be granted to the Ranchi University to make a claim after making payment of the said amount before the State Government for reimbursement of the aforesaid amount. 6. Upon such submission, Mr. Sachin Kumar, learned A.A.G.-II appearing for the State-appellant has raised no objection. 7. We, on the basis of such consensus having been reached between the learned counsel for the parties and taking into consideration the fact that the interest at the rate of 5 per cent per annum since has been directed to be paid in favour of the writ petitioners which is not being questioned rather the University is ready to make payment of the aforesaid amount subject to the condition of making claim from the State which may be directed to be considered as per Law, modify the order dated 01.08.2018 passed by the learned Single Judge with a direction upon the Ranchi University to make payment of interest at the rate of 5 per cent per annum, as directed by the learned Single Judge within the period of three months’ from the date of receipt of copy of the order. 8. 8. The Ranchi University, thereafter, will make a claim for reimbursement of the said amount before the State Government in accordance with Law. 9. The State Government is further directed to consider and reimburse the claim by taking appropriate decision in accordance with Law preferably within the period of three months’ from the date of receipt of copy of such claim. 10. Accordingly, the order dated 01.08.2018 is modified to the extent as indicated hereinabove. 11. In the result, the instant appeal stands disposed of with the aforesaid observation and directions. 12. In consequent to disposal of this appeal, I.A.No.11532 of 2019 also stands disposed of.