IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3523 of 2010 1. SIDDH NATH PRASAD SINHA S/OLATE BANARASI LAL R/O VILL- GANGARAHI, PO SAISAD, P.S- DIYARA, DISTT- ROHTAS, AT PRESENT RESIDING AT NAGA ROAD, RAXAUL, PO , P.S & DISTT- WEST CHAMPARAN Versus 1. THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, TO GOVT. OF BIHAR, DEPARTMENT OF WATER RESOURCES OLD SECRETARIATE, BIHAR, PATNA 2. THE SECRETARY, DEPARTMENT OF FINANCE, OLD SECRETARIATE, BIHAR, PATNA 3. THE UNDER SECRETARY, DEPARTMENT OF WATER RESOURCES BIHAR, PATNA 4. THE CHIEF ENGINEER, DEPARTMENT OF WATER RESOURCES, OLD SECRETARIATE, BIHAR, PATNA 5. THE EXECUTIVE ENGINEER, FLOOD CONTROL DIVISION, SIWAN ----------- 2/ 16/09/2010 Heard learned counsel for the petitioners and learned counsel for the State. The claim in the writ application is to pay the differential amount of the enhanced pay scale and modify the pension order accordingly granted under the old pay scale. The petitioner is stated to have superannuated on 31.7.2001. The counter affidavit at paragraph-3 states that the differential amount of pay has been calculated in arrears at 22,349,00/- but payment is awaited for allotment. Paragraph-4 states that the revised/modified pension form will be submitted to the Accountant General, Bihar after approval of pay fixation by the District Accounts Officer, Siwan. Paragraph-5 states that other benefits like unutilized leave pay etc. have been - 2 - calculated at Rs.9,704.00 and sent to the Treasury Officer, Siwan for action. The petitioner in the evening of his life deserves to be left in peace to enjoy the solitude of his retirement. The petitioner in the writ application has raised a claim for interest. The respondents are directed to pay admitted dues within a period of two months along with interest at the rate as provided for in the Bihar Pension Rules. This amount of interest shall be paid by the State. If the actual physical payments are not made available to the petitioner in his account within the aforesaid period, the arrears shall carry an interest at the rate of 10% from the date it became due till the date of actual payment. The additional amount of interest shall not be borne by the State of Bihar, but by those officials of the State of Bihar due to whose laxity the order of the Court could not be complied with in time This Court requires latter part to be enforced strictly the responsibility for which lies with the Principal Secretary, Department of Water Resources. The application is allowed. KC ( Navin Sinha, J.)