IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9245 of 2006 GULAB RATNA SRIVASTAVA Versus THE STATE OF BIHAR & ORS ----------- For Petitioner: Ms Madhuresh Prasad & Rajesh Kumar Verma For State : Mr Nirmal Kumar, GP 4. -------- 2. 06.05.2008 Heard the learned Counsel for the petitioner and the learned Counsel for the State. The respondents, during pendency of the writ application, have substantially redressed the grievance of the petitioner with regard to his claim for arrears of salary between 5.3.1991 to 1.9.1994. He was under suspension for the said period when punishment followed in a departmental proceeding which was set aside by this Court and the matter was remanded. Whereafter he was placed under fresh suspension. On the issue of arrears of salary for the lst time bound promotion with effect from 1.4.1981 and second time bound promotion with effect from 23.8.1991 the monetary dues have been made available to the petitioner. The claim of the petitioner further in respect thereof is for grant of interest for delayed payment only after he approached the writ Court. He is stated to have superannuated on 31.7.2003 itself. The last prayer is to set aside the order dated 12.10.2006 denying him the benefits of ACP Scheme assailed by amendment in I.A. No. 2132 of 2008. Having heard the parties I.A. No. 2132 of 2008 is allowed. The challenge to Annexure 7 dated 12.10.2006 is permitted to form part of the original pleadings of the writ application. Counter affidavit has been filed on behalf of the respondents. The counter affidavit states that the payments for the period of suspension as noticed have been paid to the petitioner in November 2006. Likewise the arrears of the monetary dues of the time bound promotions has also been paid to the petitioner in November 2006. However, no explanation has been given for the delay in the payment which came to be made only after the petitioner, a superannuated employee, approached this Court. This Court, in the facts and circumstances of the case is satisfied that the petitioner is entitled to interest on the arrears of salary for the period of suspension between 5.3.19912 to 1.9.1994 @ 5 % per annum from the date that the suspension came to an end by virtue of the order of the High Court till the date of payment. The petitioner shall also be entitled to interest on the arrears of time bound promotions @ 7% per annum from the date that it became payable till the date of payment. If interest on both counts is not paid to the petitioner within a period of four months from the date of receipt and/or presentation of a copy of this order, the amount in question shall carry an enhanced interest at flat rate of 9% on both counts till the date of actual payment. Liberty is however granted to the State respondents to hold administrative and/or disciplinary enquiry fixing responsibility for the delay in payment made to the petitioner. Based on such enquiry, and after hearing the concerned person, the State respondents shall be at liberty to deduct the amount of interest from the salary of the erring officials. In so far as the claim for grant of ACP is concerned this Court finds at this stage that the impugned order dated 12.10.2006 proceeded on the erroneous assumption inter alia that the petitioner remained under suspension till the date of his superannuation to deny him the benefits of ACP scheme. This on the face of it is not borne out by records. His fresh suspension was from the period 15.12.1998 to 29.6.2001. He has superannuated on 31.7.2003. The order dated 12.10.2006 at Annexure 7 denying him the benefits of ACP scheme are therefore set aside. Liberty is granted to the petitioner to file a representation in support of his claim for grant of benefits of ACP scheme. This Court requires the respondents to consider the representation of the petitioner, examine his eligibility and take fresh decision on his entitlement of the benefits of ACP scheme in accordance with law within a maximum period of four months from the date of receipt and/or production of a copy of this order. The writ application stands disposed off with the directions indicated above. Snkumar/- (Navin Sinha,J.)