IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No. 200 of 2011 In CWJC No. 2591 of 2006 ==================================================== Prof. Sureshwar Pd. Sinha, son of late Sachidanand Pd. Sinha, resident of House No. 34 C, Kankarbagh Housing Colony, Near Tempo Stand, Kankarbagh, District Patna – 20 ………………..…Petitioner / Appellant Versus 1. Tilka Manjhi Bhagalpur University, Bhagalpur through the Registrar, Bhagalpur University, Bhagalpur, 2. The Vice-Chancellor, Tilka Manjhi, Bhagalpur University, Bhagalpur, 3. Registrar, Tilka Manjhi, Bhagalpur University, Bhagalpur, 4. The Finance Officer, Tilka Manjhi Bhagalpur University, Bhagalpur, 5. Principal, S.K.R. College, Barbigha, District – Sheikhpura ………. Respondents / Respondents. =================================================== APPEARANCE For the appellant: Mr. Rabindra Nath Verma, Advocate. For the respondents (University): Mr. Anil Singh, Advocate. =================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2. 02.02.2011. Feeling aggrieved by the judgment and order dated 9th August 2010 passed by the learned single Judge in above CWJC No. 2591 of 2006 insofar as the petitioner has been denied interest on the amount of arrears of salary received by him on 15th July 2006, the present Letters Patent Appeal has been preferred. In the year 1958 the petitioner-appellant joined 2 S.K.R. College, Barbigha, District – Sheikhpura as Lecturer. Over the course of time he was promoted to the ranks of Reader and Professor. On reaching the age of superannuation he retired from service on 31st March 1995. It appears that effective from 1st July 1982 the State Government had adopted pay scales recommended by the University Grants Commission for the teachers in the colleges in the State of Bihar. Accordingly, the pay of the appellant was revised. However, the difference of salary for the period from 1st July 1982 to 31st March 1995 was not paid until 15th July 2006, i.e. until the appellant filed the above CWJC No. 2591 of 2006 for recovery of the amount of arrears of salary and the interest thereon. It would be pertinent to mention here that the date on which the pay scales recommended by the University Grants Commission were adopted has not been brought on the record by any of the parties. Learned single Judge has noted that the arrears of salary to the tune of Rs. 1,52,409.90 was paid to the appellant on 15th July 2006. The learned single Judge was of the opinion that the writ petition was in the nature of time barred claim for recovery of money and as such the petition was not maintainable. The learned single judge also observed that the University at the relevant time had paid a sum of Rs. 17,377/=, the amount available with the University. The University could not pay the remainder of the amount for paucity of funds. It was, therefore, neither a defaulter nor any discrimination was meted out to the appellant. In that view of the matter the learned single 3 Judge did not find any merit in the claim for interest made by the appellant. Feeling aggrieved the appellant has preferred the present Appeal. We are in agreement with the learned single Judge. Besides, award of interest is a matter of discretion. We shall not interfere with the discretion exercised by the learned single Judge in refusing to award interest, as discussed hereinabove. For the aforesaid reasons, the Appeal is dismissed in limine. Dilip ( R.M. Doshit, CJ ) ( Jyoti Saran, J )