IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15867 of 2001 SHEO PUJAN SINGH, Son of Late Ram Chandra Singh, resident of village- Karsaut, P.S. Daronda, District – Siwan. … Petitioner. Versus 1. The State of Bihar through Commissioner cum Secretary, Human Resources Department, New Secretariat, Patna. 2. The District Magistrate, Siwan. 3. The District Superintendent of Education, Siwan. 4. The Head Master, Government Middle School, Bishamberpur (Pachrukhi), Siwan. 5. The Treasury Officer, Siwan. 6. The Accountant General, Bihar, Patna. …. Respondents. ----------- 03/ 10.07.2009 Heard learned counsel for the petitioner learned Government Advocate No. 1 for the State. Petitioner has filed this writ application for a direction to the respondents to pay his dues of arrears of salary on account of revision of pay scale to the tune of Rs.55,574.60. A counter affidavit was filed by the then respondent no. 3 on 4.3.2003. In the counter affidavit it has been categorically admitted that the said amount if due to the petitioner. However, it is also stated that due no non- availability of allotment the payment could not be made to the petitioner. Learned counsel for the petitioner informs that in spite of said stand by the respondents in the counter affidavit payment has not been released to the petitioner till - 2 - now. In the circumstances, this Court directs the present District Superintendent of Education, Siwan (respondent no. 3) to release payment of the said amount to the petitioner positively within a period of three months. He shall not raise any objection to the payment on account of non-availability of allotment of fund as since 2003 allotments must have been received in the office for such payments, but the payments could not be made to the petitioner. In case the payment is not released to the petitioner within the aforesaid period of three months, from the next date of the expiry of the three months, the respondent no. 3 shall be liable to pay an interest at the rate of 8% per annum on the said amount from his own salary till the amount is actually paid. With the above directions, this writ application is disposed of. DKS/ (J. N. Singh, J.)