IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10934 of 2007 MOSTT.KIRAN KUMARI wife of late Kamleshwari Prasad Sinha resident of village Malawan P.S. Asthawan Dist Nalanda at present resident of Mohalla East Lohanipur Kashinath Lane P.S. Kadamkuan Dist. Patna Versus 1. THE STATE OF BIHAR through the Secretary Road Construction Department, Nirman Bhawan, Patna 2. The Secretary cum Commissioner Rural Development Department, Government of Bihar, Patna 3. The Chief Engineer Rural Engineering Organisation-2 Rural Development Department, Bihar, Patna 4. The Superintending Engineer Advance Plan Division, Road Construction Department Patna Division, Patna 5. The Executive Engineer Bridge Modeling Division No.3 Advance Plan Road Construction Department, Patna ----------- For the petitioner: Mr Ajay Kumar Sharma For the State: Mr Dilip Kumar JC to GA 8 -------------- 9 30.9.2008 The petitioner is the widow of a government employee. She has come to this court for grant of full retiral benefit and consequential relief. Her husband had superannuated in the year 1997. His provisional pension was sanctioned in the year 2000 and ultimately he died in the year 2005. The writ petition having been filed first as noticed in the order dated 22.9.2008 the cheque of Rs 1,13,596/- was given to the petitioner in court towards arrears of salary then on 29.9.2008 a further sum of Rs 14,035/- towards leave encashment was given by cheque. Today a further cheque of Rs 70,791/- is being handed over to the petitioner towards arrears of salary for the period 1979 to 1989. It would thus been seen that substantial salary payment was in arrears and has now been paid after more than ten years. State states that the petitioner ought to have led a claim but as she has not claimed, it has not been paid. The petitioner submits that soon after death of the petitioner’s husband provisional pension was also - 2 - stopped. No final pension has been paid to her since then. State has drawn my attention towards to the averments in the counter affidavit in which it is stated that the final pension paper and arrear of pension paper have already been sent to the Accountant General vide Annexures G and H both dated 20.9.2008. In my view this gross delay and neglect to pay an employee in time causes for direction to pay interest at the rate of 12 per cent from the date the amounts were due to the date payment were actually made. The respondents are directed to calculate the interest and along with calculation made payment thereof to the petitioner within six weeks from today. Let it be recorded that the State is not doing any obligation by paying salary or pensionary benefit to its employees. It is their constitutional and statutory obligation to do the same and it must be done promptly and no citizen is required to make a payment for that. With the aforesaid observations and directions, the writ petition stands disposed of. Let a copy of this order be given to the learned counsel for the State. shahid (Navaniti Prasad Singh,J)