STATE OF BIHAR & ORS. Vs. SURYADEO PRASAD TEWARY & ORS

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 7029 of 2009, Judgment Date: Apr 28, 2017

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                        CIVIL APPEAL NO. 7029 OF 2009

STATE OF BIHAR & ORS.                                          Appellant(s)

                                VERSUS

SURYADEO PRASAD TEWARY & ORS.                                 Respondent(s)

                                    WITH

                 SPECIAL LEAVE PETITION (C) NO. 183 OF 2009

                               J U D G M E N T
KURIAN, J.
CIVIL APPEAL NO. 7029 OF 2009
1.    We are informed that Mr.  Pashupati  Nath  Sinha,  who  is  admittedly
junior to Respondent No. 1, has been granted the  financial  benefits.   The
learned counsel for the appellants submits  that  the  disbursement  of  the
benefits is pursuant to the order passed in contempt proceedings before  the
High Court.
2.    Be that as it may, that order has become  final.   The  junior  having
thus enjoyed the benefits and denying the same to admittedly senior,  namely
Respondent No.1 is not proper and fair.
3.    In that view of the matter, the appeal is dismissed.  It  is  directed
that the amount lying in deposit in the Registry  of  this  Court  shall  be
immediately disbursed to Respondent No. 1 along with accrued interest.

4.    It is made clear that this Judgment is passed in  the  peculiar  facts
of this case and, therefore, need not be treated as a precedent.
5.    Pending interlocutory applications, if any, stand disposed of.
SPECIAL LEAVE PETITION (C) NO. 183 OF 2009
1.    Delay condoned.
2.    Application for substitution is allowed.
3.    In view of the Judgment passed  in  Civil  Appeal  No.  7029  of  2009
above, this Special Leave Petition is dismissed.  It is  directed  that  the
benefits due to the legal representative(s) of the  first  respondent  shall
be computed and disbursed within a period of 12 weeks  from  today.   It  is
made clear that in case the amount is not disbursed  within  the  stipulated
time, the legal representative(s) shall be entitled to interest at the  rate
of 12% and the officer(s) responsible for  the  delay  shall  be  personally
liable for the same.
4.    Pending interlocutory applications, if any, stand disposed of.

                                                   .......................J.
                                                           [ KURIAN JOSEPH ]


                                                   .......................J.
                                                            [ R. BANUMATHI ]

      New Delhi;
      April 28, 2017.