IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4884 of 2008 Shekhar Kumar Singh, Son of Late Shyam Kishore Singh, Resident of Village and post office-Amhara, Police Station-Farbesganj, District- Araria. …….Petitioner. Versus 1. The State Of Bihar. 2. The Commissioner-cum-Secretary, Water Resources Department, Government of Bihar, Patna. 3. The Engineer-in-Chief, Irrigation Department, Government of Bihar, Patna. 4. The Superintending Engineer, Irrigation Division, Purnea. 5. The Executive Engineer, Irrigation Division, Araria. …….Respondents. ----------- 04. 20.02.2009 Drain cleaning work was entrusted to one Shyam Kishore Singh, the father of petitioner. He completed the work but in spite of recommendations by the Engineers even the small amount of Rs. 13,605/- (Thirteen Thousand Six Hundred Five) was not paid to him solely because of lack of fund allocation. The said Shyam Kishore Singh ailing with cancer in need of money filed this writ petition. During pendency of the writ petition he died and has been substituted by legal heirs. A counter-affidavit is filed in which the claim of petitioner is accepted. It is now said that the work had to be completed in two weeks but there was delay because of which he has now been visited by a 10% penalty by the liability committee and after deducting the said amount payment has now been made by cheque dated 25.09.2008. No interest can be paid by the State as it is - 2 - stated there is no provision for the said. Firstly, if payments are so inordinately delayed for small work like drain cleaning why anyone would bother to take up work of cleaning the drains. Citizens are bound to suffer. Then for a small delay in the work, after twenty years a penalty of 10% is being imposed but delay in payment of twenty years is expected to be forgotten. This is simply beyond comprehension of this Court. Payment having been made though after the death of father of the petitioner, I direct that from the time payment was due till the time payment was made, the substituted heirs in this writ petition would be entitled to compensation @ 6% per annum on the amount ultimately paid to the petitioner. The respondent no. 5, Executive Engineer, Irrigation Division, Araria, would ensure the payment of compensation by way of interest as aforesaid to the petitioner, Shekhar Kumar Singh son of Late Shyam Kishore Singh who is now the substituted writ petitioner is paid the aforesaid amount within one month of production of copy of this order before him. The writ petition accordingly stands disposed of. Vikash/- (Navaniti Prasad Singh, J.)