IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12828 of 2009 ASHOK KUMAR RAM Versus THE STATE OF BIHAR & ORS ----------- 2. 09.10.2009 Heard learned Counsel for the petitioner and the learned Counsel for the State. The petitioner was appointed on the post of Driver in Lakhisarai Collectorate after selection by a committee on 25.6.2002 along with one Nageshwar Paswan and others. He joined on 2.7.2002. One Awadh Kumar Thakur who was not selected being aggrieved moved this Court in CWJC No. 9183 of 2002. Pursuant to an order of remand Service Appeal No. 23-17 of 2003 came to be instituted in which the Commissioner, Munger Division while dismissing the appeal nonetheless set aside the selection made of persons like the petitioner and Nageshwar Paswan. The latter came to this Court in CWJC No. 3093 of 2004.The petitioner also intervened in the same as is apparent from Para 2 of the order dated 7.3.2006 of this Court. The Court set aside the order of the Divisional Commissioner and directed as under: “For these reasons the said order is hereby quashed. The petitioner, intervenor and similarly situated persons should be given consequential benefits of this order at an early date preferably within three months. They shall also be paid back wages but after adjusting any amount which they might have received for working on daily wages during relevant period.” Much after expiry of the period indicated by this Court, the respondent District Magistrate issued orders on 28.1.2008 for payment of regular salary of the petitioner. The grievance is that notwithstanding the same he is still being paid only daily wage. The High Court Rules were amended to require a litigant to serve two copies of the brief on the State Counsel to facilitate the authorities giving instructions to their Counsel. Unfortunately efforts of this Court have borne no fruit and the State authorities refuse to wake up from their stupor and instead are controlling the proceeding of this Court even on such minor matters. The present case, prima facie appears to be a fit case for suo motu contempt proceeding. However the court refrains at this stage from doing so since no opportunity has been given to the respondents. The writ application is disposed with the direction to the District Magistrate, Lakhisarai that if the order of this Court in CWJC No. 3093 of 2004 has not been fully implemented in terms of his order dated 28.1.2008, arrears of the regular salary of the petitioner must be paid to him within a maximum period of two months from the date of receipt and/or production of a copy of this order before respondent no. 3. If it is not paid within that period the arrears shall carry interest at the rate of 5 per cent from 28.1.2008 which shall be paid by the State Government to the petitioner calculated till the date of actual payment made. The State Government shall then proceed to fix responsibility and recover the interest amount from the delinquent concerned whoever they may be. In no event shall the burden of the interest be borne by the State Government ultimately. Needless to add that the petitioner is now entitled to future regular salary on the post of Driver. The writ application stands disposed with the aforesaid observations. Snkumar/- (Navin Sinha,J.)