IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4206 of 2003 JAGNARAYAN RAM Son of Lal Nand Bihari Prasad, Ward No.1, V.I.P.Colony Gali no.3, Bhabhua, P.S. Bhabhua, District Kaimur, Bihar. Versus 1.THE STATE OF BIHAR through Commissioner cum Secretary, Rural Development, Patna Secretariat, Patna, Bihar. 2.Executive Engineer Gramin Vikas, Special Division No.1, Bettiah, West Champaran. ----------- 4 31/7/2009 Heard counsel for the petitioner and counsel for the State. Prayer in this writ application is for grant of certain arrears of salary arising out of refixation of the salary of the petitioner in revised pay scale. Such dues of the salary for the period from 1989 to 1995 admittedly have been paid during pendency of this writ application. Counsel for the petitioner, however, would urge that since such payment of salary has been made in the year 2004 whereas petitioner has retired from service in the month of September, 2000, this Court should award interest on the amount of arrear of salary. Counsel, however, has failed to show any statutory provision which entitles a person to get interest on amount of arrear of salary. If the petitioner is so sanguine about payment of interest on the amount of arrear of salary he will have to file a money suit wherein the petitioner may lead evidence as to how and when his due came to be accumulated, which on being neglected to be paid could have made the Respondent liable to pay the interest. Such disputed question of fact however cannot be 2 gone into by this Court in exercise of its power under Article 226 of the Constitution of India. That being so, this writ application on account of subsequent event leading to payment of entire arrears of salary to the satisfaction of the petitioner, barring interest amount, has become infructuous and is disposed of accordingly. Abhay Kumar (Mihir Kumar Jha, J.)