IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.505 of 2011 IN CWJC No.11090 of 2010 With I.A. No. 2241 of 2011 ==================================================== 1. The Vice Chancellor, Veer Kunwa Singh University, Ara. 2. The Registrar, Veer Kunwar Singh University, Ara. 3. The Finance Officer, Veer Kunwar Singh University. -Respondents- Appellants Versus 1. Sita Raman Pandey, son of Late Ramashankar Pandey, Resident of Village- Ratwar, P.S. Bhabhua, District-Kaimur -Petitioner- Respondent 1st set. 2. The State of Bihar through the Principal Secretary-cum-Commissioner, Human Resources Department, (Higher Education), Government of Bihar, Patna. 3. The Director, Higher Education, Government of Bihar, Patna. -Respondents-Respondents 2nd Set 4. The Principal, Gram Bharati Mahavidyalay, Ramgarh, District-Kaimur. 5. The Principal, Sardar Ballabh Bai Patel Mahavidyalay, Bhabhua, District- Kaimur. -Respondent-Respondent 3rd Set ==================================================== Appearance : For the Appellant : Mr. Ajay Behari Sinha, Advocate For the Respondents: Mr. Rewti Kant Raman, A.C. to GP-13 ==================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2 2 23.03.2011 Re. Interlocutory Application No. 2241 of 2011 This application under Section 5 of the Limitation Act has been filed by the appellant for condonation of delay of 92 days occurred in filing the Letters Patent Appeal. On the facts and in the circumstances of the case, the delay is condoned. Interlocutory Application stands disposed of. Re. Letters Patent Appeal No. 505 of 2011 This Appeal under Clause 10 of the Letters Patent is preferred by Veer Kunwar Singh University against the judgment and order dated 27th October 2010 made by the learned Single Judge in above C.W.J.C. No. 11090 of 2010. The writ petition was filed by the respondent, a teacher in the appellant-University for recovery of arrears of salary for a period of some 20 years. The amount of arrears of salary of Rs. 5,77,277/- was paid to the writ petitioner pending the writ petition. For the aforesaid delay caused in making the payment of the salary, the learned Single Judge has directed for payment of interest at the rate of 12% per annum from the date the amount became due till the date of payment. Learned Advocate Mr. Ajay Bihari Sinha has appeared for the appellants. He has submitted that prior to 1992 the writ petitioner was serving under the Magadh University. His service stood transferred to the appellant-University viz Veer Kunwar Singh University in the year 1992 therefore, the appellant-University is not liable to pay salary prior to the year 1992. He has further submitted that the salary to the 3 teachers of the University is paid from the salary grant paid by the State Government. At the relevant time the State Government did not release the sufficient amount. The University, therefore, could not make full payment of salary. Be that as it may, in view of the fact that the petitioner was not paid his due salary at the relevant time and that the arrears was allowed to be accumulated to the extent of Rs. 5,77,277/- that was paid only after the writ petitioner approached this Court in above C.W.J.C. No. 11090 of 2010, the learned Single Judge was wholly justified in awarding interest for the delayed payment of salary. No case for interference is made out. The Appeal is dismissed in limine. Bibhash (R.M.Doshit, CJ.) (Jyoti Saran, J.)