IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4721 of 2003 SAHEB NARAIN SINGH, son of Late Budhu Singh resident of village Bihat, Tola Ibrahimpur, P. S. Barauni, District- Begusarai…. Petitioner. Versus 1. THE STATE OF BIHAR 2. The Commissioner, Finance Department Government of Bihar at Patna. 3. The Commissioner, Munger Division, Munger. 4. The Director, Secondary Education, Bihar, Patna. 5. The Regional Deputy Director of Education, Munger. 6. The District Education Officer, Lakhisarai. 7. The Treasury Officer, Lakhisarai. 8. The Head Master, High School, Jaitpur, Lakhisarai.. … Respondents. ----------- 3. 11.08.2010 Heard counsel for the petitioner. At the outset, learned counsel for the petitioner would submit that this writ petition had contained prayer in two parts, namely, the payment of arrears of salary and interest thereof. He would submit that during the pendency of this writ petition payment of all the admissible salary has already been made to the petitioner but then the respondents have not paid interest over the amount of salary. Counsel for the State has got no instruction and has not filed counter affidavit. Considering the aforementioned aspects, this Court would direct the petitioner to file a civil suit where he may establish that the delay in payment of salary was 2 totally attributable on the account of laches on the part of the respondents and the respondents will have also opportunity to show that such delay was not deliberate. The Civil Court in the light of the evidence adduced by the parties would decide the claim of the petitioner of interest over the amount of salary strictly in accordance with law. With the aforementioned observation and direction, this writ petition is disposed of. kanchan (Mihir Kumar Jha, J.)