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.