IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2677 of 2008 ***** 1. THE STATE OF BIHAR 2. THE SECRETARY, BUILDING CONSTRUCTION, DEPARTMENT, VISHWARAIYA BHAWAN, BAILEY ROAD, PATNA. 3. THE COMMISSIONER AND SECRETARY, ROAD CONSTRUCTION DEPARTMENT, VISHWARAIYA BHAWAN, BAILEY ROAD, PATNA. 4. THE COMMISSIONER FINANCE, GOVERNMENT OF BIHAR, PATNA. ….PETITIONERS. Versus 1. RAKESH KUMAR SINGH, SON OF BACHCHA SINGH, AT PRESENT POSTED AS PLANNING ENGINEER, CHIEF ENGINEER’S OFFICE, BUILDING CONSTRUCTION DEPARTMENT (SOUTH BIHAR),VISHWARAIYA BHAWAN, BAILEY ROAD, PATNA. 2. SUBHASH KUMAR, SON OF SHYAMDEO YADAV, AT PRESENT POSTED AS PLANNING ENGINEER, OFFICE OF THE ENGINEER-IN-CHIEF, BUILDING CONSTURCTION DEPARTMENT, VISHWSARAIYA BHAWAN, BAILEY ROAD, PATNA. 3. SATYENDRA KUMAR CHAUDHARY, SON OF SHATRUGHAN CHANDRA, AT PRESENT POSTED AS ESTIMATING OFFICER, PATNA WEST DIVISION, BUILDING CONSTRUCTION DEPARTMENT, VISHESHARAIYA BHAWAN, BAILEY ROAD, PATNA. 4. RAM BABU PRASAD, SON OF RAJ NARAYAN PRASAD AT PRESRENT POSTED AS ESTIMATING OFFICER, BUILDING CIRCLE, PURNEA, POLICE STATION AND DISTRICT PURNEA. 5. DEEPAK KUMAR BHAGAT, SON OF TILAK DHARI BHAGAT, SUB-DIVISIONAL OFFICER, BUILDING SUB- DIVISION, JAMATRA, POLICE STATION- JAMTARA, DISTRICT-DUMKA. 6. YOGENDRA NATH DUBEY SON OF TULSI DUBEY, AT PRESENT P0OSTED AS ESTIMATING OFFICER, CONSTRUCTION DIVISION NO.3, BUILDING CONSTRUCTION DEPARTMENT, SHASTRI NAGAR, PATNA. ….OPPOSTE PARTIES. ----------- For the Petitioners : Mr. Rajesh Kumar Verma, Junior Counsel to Standing Counsel-XI ----------- - 2 - P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ----------- Dated, the 15th December, 2008. On 10th September, 2008, the following order came to be passed: “Mr. Arvind Ujjwal, Government Counsel submits that the appeal is limited to the award of compound interest at the rate of 10% per annum by the single judge and imposition of cost of Rs.50,000/- on the appellants. He submits that the government is ready to pay the cost of Rs.10,000/- for inaction on their part in not paying the salary for period 7.5.1997 to 27.6. 1997 in time. He undertakes that the cost of Rs.10,000/- shall be deposited with the Registrar General within two days from today. 2. In view of the statement of the Government Counsel, let notice be issued to respondent nos. 1 to 6 to show cause as to why the appeal be not admitted and disposed of at the motion hearing state. 3. Notice is made returnable on 30th September, 2008. 4. Requisite process fee, notice and registered cover shall be supplied within three days from today failing which the appeal shall stand dismissed without further reference to the Court. 5. Dasti granted.” 2. Mr. Rajesh Kumar Verma, government counsel submits that in compliance of the aforesaid order, cost of Rs.10,000/- (ten thousand) was deposited with the Registrar General of this Court within two days from that date. He also submits that registered - 3 - charges were supplied to the office also within two days from the date of order. However, he submits that there was some delay in filing ordinary process, which, too, has now been filed on 23rd September, 2008. 3. For the stated reason, delay in compliance of the order dated 10th September, 2008 is condoned. 4. Letters Patent Appeal is restored to its original number. 5. M.J.C. stands disposed of. R. M. Lodha, CJ Kishore K. Mandal, J