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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.

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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.