IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1255 of 2011 In Civil Writ Jurisdiction Case No. 19315 of 2010 With Interlocutory Application No. 6195 of 2011 And Interlocutory Application No. 6196 of 2011 In Letters Patent Appeal No.1255 of 2011. ====================================================== 1. The Vice Chancellor, L.N. Mithila University, Darbhanga, 2. The Registrar, L.N. Mithila University, Darbhanga. Respondent Nos. 3 and 4 … Appellants….Appellants Versus 1. Dr. Surendra Prasad Thakur s/o- Late Shukdeo Thakur, r/o-Village+P.O.- Barhmotra, P.S.-Pandaul, District-Madhubani (Retired employee as University Professor from R.N. College, Pandaul, District-Madhubani) ……Petitioner…..Respondent 1st Set 2. The State of Bihar. 3. The Secretary, Higher Education, Government of Bihar, Patna. ….Respondent Nos. 1 and 2….Respondents 2nd Set. 4. The Finance Officer, L.N. Mithila University, Darbhanga. 5. The Principal, R.N. College, Pandaul, District-Madhubani. ……Respondent Nos. 5 and 6 …. Proforma Respondents 3rd Set. ====================================================== Appearance : For the Appellant/s : Mr. Ajay Bihari Sinha, Advocate. For the Respondent/s : ----- ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2 09-09-2011 Re. Letters Patent Appeal No. 1255 of 2011 & Interlocutory Application No. 6196 of 2011. Feeling aggrieved by the order dated 26th November Patna High Court LPA No.1255 of 2011 (2) dt.09-09-2011 2 / 2 2 2010 passed by the learned single Judge in above CWJC No. 19315 of 2010, the appellants, L. N. Mithila University, Darbhanga and another, have preferred the present Appeal under Clause 10 of the Letters Patent. It is not in dispute that the University was deficient in payment of salary to its teachers. The learned single Judge has directed the University to pay interest at the rate of 12% per annum for the delayed payment of salary to the petitioner. Learned Advocate Mr. Ajay Bihari Sinha has appeared for the appellants. He has submitted that the University has to receive grant from the Government which is the major source of its income. The concerned teachers could not be paid at the relevant time for want of funds. Want of funds cannot be an excuse for the delayed payment of salary to employees. The Appeal is devoid of merit. Re. Interlocutory Application No. 6195 of 2011. The Appeal is filed 212 days beyond the period of limitation. The aforesaid limitation has not been explained at all. The appellants have failed to make out sufficient cause for the delay in filing the Letters Patent Appeal. For the aforesaid reasons, the Letters Patent Appeal, the stay application and the limitation petition are dismissed. Dilip. (R.M. Doshit, CJ) (Birendra Prasad Verma, J)