IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1366 of 2005 1. DR.SUNIL KUMAR SINGH, son of Shyam Prit Singh, presently posted as Medical Officer, Sadar Hospital Chapra, District Saran 2. Dr. Vinita Singh, wife of Dr. Sunil Kumar, presently posted as Medical Officer, Addl. Primary Health Centre, Bhagwanganj, P.S. Masauri, District Patna … Petitioners Versus 1. THE STATE OF BIHAR 2. The Commissioner cum Secretary, Department of Health and Family Welfare, Govt. of Bihar, Patna … Respondents ----------- 3. 6.8.2010 Heard counsel for the petitioners and the counsel for the State. The prayer of the petitioners in this writ application reads as follows: “The present petition is being filed for a direction to the respondents for payment of interest at the rate of 13 percent on the due salary as directed by this Hon’ble Court by the order dated 22.11.1999 passed in C.W.J.C.No. 5284/99 and further to quash the letter no. 1196(2) dated 16.7.2004 as contained in Annexure 5 whereunder the claim of the petitioner no.1 was rejected.” Mr. Kumar Alok, appearing on behalf of the petitioners, would submit that once there was a clear order by this Court for payment of interest at the rate of 13% the 2 respondents could not have passed the impugned order holding that such interest was not payable as there was no provision for payment of interest on the salary. Counsel for the State, on the other hand, supporting the stand of the respondents as projected in the counter affidavit would submit that once the order dated 22.11.1999 was made subject matter of M.J.C.No. 1367/2000 and this Court did not allow such payment of interest, it would be presumed that this Court had not found the claim of the petitioners for payment of interest sustainable. In the opinion of this Court the respondents cannot be allowed to treat the matter so simple in the earlier round of litigation. In the two writ petitions filed by the petitioners, C.W.J.C.No. 5284/1999 and C.W.J.C.No. 5608/1999 their claim for payment of arrears of salary was adjudicated in the following terms: “In view of the aforesaid Division Bench order, this Court considers that all the salary due to the petitioners must be paid to them by respondent no.2 Commissioner cum 3 Secretary, Department of Health and Family Welfare, Bihar, Patna within a period of three months from the receipt/ production of a copy of this order. The petitioners are directed to serve a copy of this order on respondent no.2 at an early date. It is made clear that if the petitioners’’ salary, as directed, is not paid within the time prescribed, they will be entitled to the interest to be calculated at the rate of 13 per cent from the date of expiry of the said period to the date of actual payment.” From the reading of the said order it would be clear that the arrears of salary as referred to was only for the period October, 1999, inasmuch as the salary for the month of November, 1999 and December, 1999 was described as current salary. In view of the order being passed on 22.11.1999 the payment of interest on the arrears, therefore, was clarified to be made for the period May, 1999 to October, 1999, inasmuch as the Writ Court had taken into account that the payment of salary for the month of March and April, 1999 had already been paid. The interest, therefore, has to be 4 calculated for the period of salary of May, 1999 to October, 1999. From the chart furnished by the petitioners it, however, transpires that the petitioners are also claiming interest on the salary for the period January, 1993 to May, 1998 and certain arrears for the period June, 1998 to February, 1999 as also for the period March, 1999 to February, 2000 and in fact from March, 2000 to February, 2003. That cannot be said to be the scope of the order of this Court dated 22.11.1999. As noted above, a clear direction was given only to the extent of payment of interest for the period May, 1999 to October, 1999 and in that view of the matter, for the five months of salary the date of its payment will become relevant for calculation. In fact it was for this purpose that this Court while deciding the contempt application had left the matter to be adjudicated by the authority and had given liberty to the petitioners to file a representation as would be evident from the order of this Court dated 3.11.2003 in M.J.C.No. 1367/2000, the relevant portion whereof reads as follows: 5 “Pursuant to order dated 16.10.2003 opposite party no.2 Commissioner cum Secretary, Department of Health and Family Welfare, Govt. of Bihar has appeared in court in person and has filed show cause. It is stated in the show cause that the order/ direction of this Court has substantially been complied with inasmuch as arrears of salary has already been paid to the petitioners and the petitioners have granted receipt in token of the same. Learned cousel for the petitioners, however, submits that since the direction of this Court was not complied with within the stipulated period, the petitioners would be entitled for interest. From the materials on record, I am satisfied that order/ direction of this Court has substantially been complied with. So far the question of grant of interest on the principal amount is concerned, the petitioners if so advised may represent their cases before the competent authority which would be considered in accordance with law.” The authorities, therefore, had to scan the records to find out the entitlement of the petitioners for payment of interest as directed in the order dated 22.11.1999 6 which, as noted above, was confined to the period of salary for the period May, 1999 to October, 1999 and they could not have straightway rejected the same by observing that there is no provision for payment of interest over the amount of salary. This Court had in fact made such an adjudication of course to the extent indicated above for the period May, 1999 to October, 1999 by directing payment of salary within a period of three months, failing which the payment of interest at the rate of 13% from the date of expiry of the period i.e. three months from the date of service of the order dated 22.11.1999 to the date of actual payment. The impugned order passed by the authority, therefore, in teeth of the order of this Court is hereby quashed and the matter is remitted back to pay the interest on the arrears of salary, as indicated above, within a period of six months from the date of presentation of this order. (Mihir Kumar Jha,J.) Surendra/