Letters Patent Appeal No.223 OF 2001 Against the order17.1.2001 passed by a learned Single Judge in C.W.J.c.No.13580 of 2000. ----- 1. Bihar State Co-operative Marketing Union Limited West Gandhi Maidan, P.s.Gandhi Maidan, District-Patna through its Administrator 2. Administrator, Bihar State Co-operative Marketing Union Limited West Gandhi Maidan, P.S.Gandhi Maidan, District-Patna through its Administrator- Appellants. Versus 1. Ram Udit Singh son of Sri Dashrat Singh, R/O village Maheshpur, P.O.Chewara, P.s.Karnady, District- Sheikhpura at present posted at Cold Storage Biscomaun, Wazidpur, Sehiekhpura as Night Guard. 2. State of Bihar through the secretary, Department of Cooperative, Govt. of Bihar,Patna- Respondents. For the appellants : Mr. Rakesh Prasad Choudhary For the State : Mr. Ritesh Kumar, AC to AAG1 For Respondent no.1 : Mr. Abu Haidar, Advocate. P R E S E N T THE HON'BLE MR. JUSTICE S.K.KATRIAR THE HON'BLE MR. JUSTICE JYOTI SARAN S.K.Katriar, This appeal has been preferred under clause Jyoti Saran,JJ. 10 of the Letters Patent of the High court of Judicature at Patna, expressing grievance with respect to the order dated 17.1.2001, passed by a learned Single Judge in C.W.J.C.No.13580 of 2000 (Ram Udit Singh Vs. Bihar State Cooperative Marketing Union Ltd. and others), whereby the writ petition preferred by Respondent no.1 herein has been allowed and the respondent Biscomaun was directed to 2 make payment of the salary of the writ petitioner with cost which was quantified at Rs.2000/, to be paid by the Administrator from his personal pocket within the time granted by the court. 2. We have perused the materials on recorded and considered the submissions of the learned counsel for the parties. The writ petitioner was in the service of Biscomaun and preferred the writ petition for a direction for payment of his salary from October 1995 till the date of disposal of the writ petition. It appears that learned counsel appearing for the Biscomaun had taken the stand in the writ petition that payment of salary and post- retrial benefits of the employees of Biscomaun were being paid in chronological order of their claims. However, he had submitted as follows “in respect of the claim of the petitioner, Mr. Shahi fairly submitted that this Court may issue direction whereupon the due salary of the petitioner shall be paid”. In view of the concession made by the learned counsel for the Biscomaun, the learned Single Judge passed the order for payment of salary notwithstanding which Biscomaun has preferred this appeal. 3. We are unable to appreciate the plea in such an old case on the part of Biscomaun that payments are being chronological order. Secondly, eight and half years have elapsed from the date of the order of the Court 3 notwithstanding which payment has not been made to the petitioner. In other words, the petitioner’s case is obviously covered by the formula of payment, i.e, chronological order of the claim and yet the payment has not so far been made. Thirdly, we are informed at the Bar that the service of the writ petitioner has, during the pendency of the present appeal, been terminated. 4. The appeal is accordingly dismissed with the direction to the respondent Biscomaun to make payment of the entire dues of the writ petitioner. The same shall carry interest at the rate of 6 per cent per annum from the date the amounts became due till the date the payment is made. Let the post-retiral benefits be also paid with statutory/contracted rate of interest within a period of three months, failing which he will be entitled to further interest of six per cent thereafter till payment. The order awarding cost is hereby upheld. (S.K.Katriar,J) (Jyoti Saran,J.) Patna High Court Dated, the 19th August,2009. NAFR/ ahk/