IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 1981 of 2010 1. NARENDRA KISHORE SINHA S/O LATE NAWAL KISHORE SINHA R/O MOHALLA- JAG JIVAN LANE, JAGAT NARAYAN LAL ROAD, KADAMKUAN, PATNA, P.S.- KADAMKUAN, IN THE TOWN AND DISTT.- PATNA Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY DEPARTMENT OF HUMAN RESOURCES, GOVERNMENT OF BIHAR, PATNA 2. MAGADH UNIVERSITY THROUGH ITS REGISTRAR 3. THE VICE-CHANCELLOR, MAGADH UNIVERSITY 4. THE REGISTRAR, MAGADH UNIVERSITY 5. PRINCIPAL, COLLEGE OF COMMERCE OLD BYPASS ROAD, KANKARBAGH, PATNA A CONSTITUENT UNIT OF MAGADH UNIVERSITY 6. PROFESSOR-IN-CHARGE, LAW DEPARTMENT, COLLEGE OF COMMERCE, PATNA ----------- 5 28.10.2010 Petitioner was a part time Lecturer in the faculty of Law of Magadh University running in the campus of College of Commerce, Patna. He claimed arrears of salary since 1996. Upon direction to file a comprehensive counter affidavit, University accepted the claim of the petitioner and a cheque of Rs 4,98,800/- was issued in favour of the petitioner and handed over to the learned counsel for the petitioner in Court. Petitioner has now filed a reply to the counter affidavit stating that as substantial payment has been made, the only dispute that remains is with regard to the age of superannuation. He states that he had worked and was made to superannuate on 31.07.2003 on completion of 60 years of age but in the counter affidavit, it has been stated that he had superannuated on 28.02.2003. Thus, there is a difference of five months. Apart from this, petitioner is satisfied with the payment as made. Petitioner has further claimed compensation by way of interest for this inordinate delay in payment. 2 Having heard the parties and considering the matter, firstly, in my view, as the delay in payment is not disputed, the amount due starts from the period, 1996. There was no fault of the petitioner. He was forced to come to this Court and only after the writ petition was filed, payments were made. That calls for compensation to be awarded. Considering the erosion of money value over the years, in my view, compensation by way of interest at the rate of 12% per annum would be just and proper. University to ensure the payment of the said amount being 12% from the date payments were due till the date payment is made within two months of production of a copy of this order before the Finance Officer of the University. So far as the question of date of superannuation is concerned, petitioner would represent with whatever record he has to the Finance Officer of the University who would consider the same and pass a speaking order thereon after hearing the petitioner within three months from the date representation is filed. If it is found that any payment is due, that would be made to the petitioner within one month. With these observations and directions, the writ petition stands disposed of. M.E.H./ (Navaniti Prasad Singh)