Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S). No. 3666 of 2022
---------- Krishna Barai, aged about 64 years, son of late Badho Ram Barai, R/o. Vill. Itkhori, P.O.+P.S. Itkhori, Dist. Chatra (Jharkhand).
………. Petitioner Versus
1. The State of Jharkhand
2. The Principal Secretary, Finance Department, Govt. of Jharkhand, Ranchi, Project Bhawan, P.O. Dhurwa, P.S. Jagarnath, Dist. Ranchi, Jharkhand.
3. The Principal Secretary, Forest & Environment Department, Govt. of Jharkhand, Nepal House, P.O.+P.S. Doranda, Dist. Ranchi, Jharkhand.
4. The Principal Chief Conservator of Forest Department, Govt. of Jharkhand, Van Bhawan, P.O.+P.S. Doranda, Dist. Ranchi, Jharkhand.
5. The Divisional Forest Officer, Giridih Forest Division, Giridih, P.O.+P.S.+Dist. Giridih.
6. The Regional Chief Conservator of Forest, Bokaro Reigion Bokaro, P.O.+P.S.+Dist. Bokaro.
7. The Conservator of Forest, Giridih, P.O.+P.S.+Dist. Giridih.
………. Respondents ---------
CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN
----------- For the Petitioners : Ms. Sunita Kumari, Advocate For the Respondents : Mr. Prabhat Kumar, SC-II
Mr. Sushant Kumar, AC to SC-II
---------- 10/ 15.04.2026
The instant writ application has been preferred by the petitioner praying therein for quashing the letter dated 12.08.2021 (Annexure-7/1) and order dated 27.09.2021 (Annexure-8), whereby the claim of petitioner for payment of statutory interest has been rejected.
Petitioner has further prayed for direction upon the respondents to pay the statutory interest in compliance of the order passed by this Court in W.P.(S). No. 331 of 2019.
2. The record reveals that the petitioner had earlier moved before this Court by filing W.P.(S). No. 331 of 2019, praying therein for
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quashing the order dated 24.12.2018, issued vide memo No. 3049 and also memo No.3050 of even date and further praying for grant of 3rd MACP in G.P. 4600 w.e.f. 09.10.2016. The said writ application was heard and disposed of by a Co-ordinate Bench of this Court on 16.10.2019, whereby there was a specific direction to the effect that whatever amount is found due to the petitioner, the same shall be released in his favour along with statutory interest.
3. For brevity, para-8 of the order dated 16.10.2019, passed in W.P.(S). No. 331 of 2019 is extracted herein below:
“8. As a sequel to the aforesaid observations, the order dated 24.12.2018, passed by the Divisional Forest Officer vide Memo No. 3049 and office order no. 184, as well as the order dated 24.12.2018, vide memo no. 3050, and office order no. 185, are hereby quashed and set aside. So far the prayer for grant of 3 rd MACP in Grade Pay of Rs.4,600/- with effect from 09.10.2016 is concerned, the respondents shall consider the same and if petitioner is found entitled for the said benefits, the same shall be extended to him within a period of six weeks from the date of receipt/ production of a copy of this
order. If any extra deduction has been made, the same shall also be released in favour of the petitioner within a period of six weeks. It is made clear that whatever amount is found due, the same shall be released in favour of the petitioner alongwith statutory interest.”
4. From the impugned order dated 27.09.2021 (Annexure-8), it appears that the concerned respondent has given a finding that petitioner is not entitled for any interest. For brevity relevant portion is extracted herein below:
“उपरोक्त तथ्यों के आलोक में स्पष्ट है कक ्ቦी बरई, सेवा निवृत विपाल के प्ቌ में ककसी तरह की सूद की राशि देय िह ीं है। अतः ्ቦी कृ ष्णा बरई, सेवा निवृत, विपाल के आवेदि को अस्वीकृ त ककया जाता है।”
5. A query was made by this Court as to whether the order passed in the earlier round of litigation has been assailed by the respondents or not. In reply to the same, learned counsel for the respondents very fairly submits that the said order was never challenged and the same attained finality.
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6. As stated herein above, the Writ Court in the earlier round of litigation has categorically stated that whatever amount is found due, the same shall be released in favour of the petitioner along with statutory interest. The “Statutory Interest” by the very word is clear that if in any statute interest is provided. Therefore, if statute provides interest on the claim of the petitioner, then certainly he would be entitled and no authority can sit over the order passed by the Writ Court who has given a categorical finding to grant statutory interest.
7. Having regard to the aforesaid discussion, the impugned letter dated 12.08.2021 (Annexure-7/1) and order dated 27.09.2021 (Annexure-8); are quashed and set aside. The respondent-State is
directed to pay the statutory interest after calculation as directed by the Writ Court in W.P.(S). No. 331 of 2019. The entire calculation for statutory interest shall be done within a period of 8 weeks from the date of receipt/ production of a copy of this order and the same shall be paid to the petitioner within a further period of 2 weeks, failing which the petitioner shall be entitled for simple interest @ 7% p.a. on the statutory interest amount from the date of entitlement till the date of actual payment.
8. Accordingly, the instant writ application stands allowed.
9. Pending I.A.(s)., if any, also stand closed.
(Deepak Roshan, J.) 15th April, 2026 Kunal/- Uploaded on 04.05.2026