IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3520 of 2008 Niranjan Kumar son of Sri N. K. Thakur, resident of village-Krishna Nagar, Road No. 8, House No. 117, P.S.- Kotwali, District-Patna. …… Petitioner. VERSUS 1. The State of Bihar. 2. Engineer-in-charge cum Additional Commissioner Home Special Secretary, Road Construction Department, Bihar, Patna. 3. Executive Engineer, New Capital Road Division, Road Construction Department, Patna. ……… Respondents. ----------- 03 30.01.2009 The writ petition was filed on 18.02.2008, after service of notice to the Advocate General, wherein two copies of the writ petition were served. The same was immediately sent to the Engineer-in-Chief and Executive Engineer for instruction. The writ petition was thereafter taken up for admission after 11 months on 28.11.2008, wherein this Court noticed that the dues being admitted from the communications of the respondents themselves, the State should take instruction and file a comprehensive counter affidavit and in the mean time it would be open to them to settle the matter. The matter was then taken up for admission on 19.12.2008, again no instructions were received, even though the Office of the Engineer-in- Chief is at Patna itself. As a matter of last indulgence, the matter was adjourned on 9th January 2009. It is now being taken up and again there is absolutely no instruction sent by the respondents to the learned counsel for the State to contest the matter. In that view of the matter, I am left with no option but to proceed on the pleadings available on record as matter is not contested. Petitioner had undertaken certain contract work of - 2 - construction of road at Patna. The work having been completed, bill was drawn up duly signed by the then Executive Engineer, which is annexed as Annexure-2 to the writ petition, and Annexure-3 is letter of the Executive Engineer to the Engineer-in-Chief-cum- Commissioner-cum-Special Secretary, wherein the claim of the petitioner for balance payment of Rs. 4,44,834/- is admitted and request has been made for allocation of funds to pay the said amount. From these documents, it is undisputedly clear that the liability of the State is admitted and the only reason for non-payment is non-allocation of funds. State and its instrumentality must confirm to fairness in all sphere of action. This is a basic principle enshrined in Article 14 of the Constitution. Once the liability stood admitted, there is no reason why the payment should not be made forthwith. In such a matter, I am left with no option but to direct that the admitted claim as is evident from Annexure 2 and 3, shall be paid to the petitioner within a period of one month from the date when copy of this order is produced before the concerned Executive Engineer, respondent no. 3. If payment is not paid within one month from today, the same shall then be paid along with interest @ 12% per annum, from the time payment was due till the time payment is made that would be 12 years. The interest would be recoverable from the person responsible for the delay in payment, but that would not delay the payment to the petitioner in any manner. The writ petition thus stands allowed. Trivedi/ (Navaniti Prasad Singh,J.)