IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.362 of 2008 DR.(SMT.)HANSA SHARAF W/O DR. JUSTICE G.C. BHARUKA, PREVIOUSLY RESIDING AT BORING ROAD IN THE TOWN OF PATNA, P.S.- SHRI KRISHAN PURI, DISTRICT- PATNA BUT PRESENTLY RESIDING AT P2/04 SILVER CITY SECTOR 93A NOIDA PERMANENT RESIDENT OF 34, SUPRME ENCLAVE, MAYUR VIHAR, PHASE-1, DELHI-110091 ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,APPELLANT Versus 1. MAGADH UNIVERSITY, THROUGH THE REGISTRAR, BODH GAYA HAVING HIS OFFICE AT BODH GAYA, DISTRICT- GAYA 2. THE VICE CHANCELLOR, MAGADH UNIVERSITY, BODH GAYA HAVING HIS OFFICE AT BODH GAYA, DISTRICT- GAYA 3. PRINCIPAL,SRI ARVIND MAHILA COLLEGE, KADAM KUAN, PATNA 4. STATE OF BIHAR THROUGH ITS SECRETARY, DEPARTMENT OF EDUCATION, SECRETARIAT, PATNA ……………………RESPONDNETS ----------- For the Appellant :- Mr. Chitranjan Sinha, Sr. Advocate Mr. Anupa Nand Jha, Advocate For the University :- Mr. R. K. Giri, Advocate ---------------------- 14 06/11/2009 Heard learned counsel for the appellant, learned counsel for the University and learned counsel for the State in respect of only remaining claim of the appellant that she should be paid any reasonable interest on account of delay in payment of certain parts of her salary and some other retiral dues. The provident fund dues have already been paid with permissible interest. So far as interest over salary is concerned the writ court has considered this matter and has found that there was no willful delay in paying the salary and therefore, claim for any interest beyond permitted by the statutes was not allowed. On going carefully through the writ petition, we 2 find that there was no specific prayer for any kind of interest over the delay in payment of salary or part of it. A prayer made in the writ petition was to direct the respondents to release and pay all the arrears of salary after fixing the same in accordance with the appropriate statutory provisions and thereafter there was a prayer for depositing the dues on account of provident fund with appropriate rate of interest. Learned counsel for the University has submitted that due to various factors including clarifications needed in respect of actual payable pay- scale etc. the salary of the University teachers could not have been paid in full at the first opportunity. There was no deliberate delay and as soon as the matters got clarified and fund became available from the government the arrears of salary have been paid. In the facts and circumstances of the case, we are not persuaded to entertain prayer for the interest in exercise of writ jurisdiction. This appeal, is therefore, dismissed. (Shiva Kirti Singh, ACJ.) (Shyam Kishore Sharma, J.) avin