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2022 Supreme(Pat) 913

SANJAY KAROL, CJ and PARTHA SARTHY, J.
CWJC No.17497 of 2014
(28.11.2022)
Kamta Prasad ... Petitioner
vs.
State of Bihar & Ors. ... Respondents

Advocates:
For the Petitioner: Mr. Ashok Kumar Singh.
For the Respondents: Mr. Smt. Namrata Mishra, GA 13.

Headnote:

Service Law – Salary – Petition for payment of arrears of salary and deducted house rent as well as interest – Counsel for petitioner, under instructions, states that petitioner shall be content if a direction is issued to authority concerned to consider and decide representation which petitioner shall be filing within a period of four weeks from today for redressal of grievance(s) – Counsel for respondents states that if such a representation is filed by petitioner, authority concerned shall consider and dispose it of expeditiously and preferably within a period of three months from date of its filing along with a copy of this order – While considering such representation, principles of natural justice shall be followed and due opportunity of hearing afforded to parties. (Paras 3, 4 and 6)

Sanjay Karol, CJ. – Learned counsel for the petitioner submits that he has no objection to the matter being heard by the Division Bench.

2. Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s): –

(a) Issuance of writ in the nature of mandamus commanding the respondents to pay the arrears of salary for the month of February 2006, February 2008, Arpil 2008 and November 2008 and December 2008 and also be refundable the deducted House rent which period not occupied Quarter from 14.07.2006 to till retirement by the petitioner.

(b) The Respondents further be directed pay the interest @ of 18% to compound interest as well as litigation cost as the petitioner has been superannuated on 30.09.2012.

(c) To grant such other relief / reliefs for which the petitioner in entitled to.

3. After the matter was heard for some time, finding the Bench not to be in favour with the submissions made across the Bar, learned counsel for the petitioner, under instructions, states that petitioner shall be content if a direction is issued to the authority concerned to consider and decide the representation which the petitioner shall be filing within a period of four weeks from today for redressal of the grievance(s).

4. Learned counsel for the respondents states that if such a representation is filed by the petitioner, the authority concerned shall consider and dispose it of expeditiously and preferably within a period of three months from the date of its filing along with a copy of this order.

Statement accepted and taken on record.

5. The Hon’ble Supreme Court in D. N. Jeevaraj vs. Chief Secretary, Government of Karnataka & Ors., (2016) 2 SCC 653, paragraphs 34 to 38 observed as under: –

“34. The learned counsel for the parties addressed us on the question of the bona fides of Nagalaxmi Bai in filing a public interest litigation. We leave this question open and do not express any opinion on the correctness or otherwise of the decision of the High Court in this regard.

35. However, we note that generally speaking, procedural technicalities ought to take a back seat in public interest litigation. This Court held in Rural Litigation and Entitlement Kendra vs. State of U.P. [Rural Litigation and Entitlement Kendra vs. State of U.P., 1989 Supp (1) SCC 504] to this effect as follows: (SCC p. 515, para 16)

“16. The writ petitions before us are not inter parties disputes and have been raised by way of public interest litigation and the controversy before the court is as to whether for social safety and for creating a hazardless environment for the people to live in, mining in the area should be permitted or stopped. We may not be taken to have said that for public interest litigations, procedural laws do not apply. At the same time it has to be remembered that every technicality in the procedural law is not available as a defence when a matter of grave public importance is for consideration before the court.”

36. A considerable amount has been said about public interest litigation in R&M Trust [R&M Trust vs. Koramangala Residents Vigilance Group, (2005) 3 SCC 91] and it is not necessary for us to dwell any further on this except to say that in issues pertaining to good governance, the courts ought to be somewhat more liberal in entertaining public interest litigation. However, in matters that may not be of moment or a litigation essentially directed against one organisation or individual (such as the present litigation which was directed only against Sadananda Gowda and later Jeevaraj was impleaded) ought not to be entertained or should be rarely entertained. Other remedies are also available to public spirited litigants and they should be encouraged to avail of such remedies.

37. In such cases, that might not strictly fall in the category of public interest litigation and for which other remedies are available, insofar as the issuance of a writ of mandamus is concerned, this Court held in Union of India vs. S.B. Vohra [Union of India v.

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