IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2850 of 2008 RAM BABU PRASAD GUPTA, son of Late Ramautar Prasad Gupta, Resident of village Panapur, P.O. Sarai, P.S. Hajipur Sadar and District Vaishali Versus 1. THE STATE OF BIHAR through its Commissioner Anjani Kumar Singh, son of not known, Human Resources Development, Bihar, Patna 2. Rabindra Ram, son of not known, Director, Research and Training, Bihar, Patna 3. Rita Kumari, wife of not known, Principal, Govt. Teachers Training College, Bhagalpur 4. Gautam Guha, son of not known, Accountant General, Bihar, Patna 5. Birendra Kumar, son of not known, Treasury Officer, Bhagalpur ----------- 03/ 14.05.2009 From the show cause filed on behalf of opposite party no.1, it appears that the claim of the petitioner for grant of interest on the arrears of salary in the revised scale with effect from 1.4.1997 has been rejected with reference to the circular of the State Government, bearing No. 3155 dated 7.11.1981. 2. It is submitted on behalf of the petitioner that the aforesaid circular is not applicable to the case of the petitioner as interest on the arrears of the revised scale is to be paid to the petitioner with effect from 1.4.1997 when he was in service and the circular referred to above only prohibits granting of interest on the arrears of salary which became due as a result of enhancement of the emoluments after retirement. 3. In the present case, such emoluments became due on 1.4.1997 when petitioner was very much in service. In the circumstances, aforesaid circular is not applicable to the case of the petitioner, but such order can be passed only after petitioner assails the instructions of the State Government not to pay the 2 interest to the petitioner. 4. Accordingly, this contempt application is disposed of with liberty to the petitioner to challenge the order of the State Government, which the Principal, Government Teachers’ Training College, Bhagalpur, Opposite party no.3 must communicate to the petitioner within one week from today. Arjun/ ( V.N. Sinha, J.)