IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6644 of 2009 DR.AJAY KUMAR, Son of Late Bhubneshwar Choudhary, resident of House No. 22, Nehru Nagar, P.S-Patliputra, Patna-13. …….Petitioner. Versus 1. The State of Bihar through the Secretary, Department of Finance, Government of Bihar, Patna. 2. The Commissioner-Cum-Secretary, Department of Health, Government of Bihar, Patna. 3. The Deputy Secretary, Department of Health, Government of Bihar, Patna. 4. The Director-in-Chief, Health Services, Government of Bihar, Patna. 5. The Director, State Health and Family Welfare Institute, Sheikhpura, Patna. 6. The Accountant General, Bihar, Patna. 7. The Treasury Officer, Sachiwalaya, Vikas Bhawan, Patna. …………Respondents. For the Petitioner : Mr. Sudhir Singh, Adv. Mr. Ranjeet Kumar No.-II, Adv. For the State : Mr. Ran Ishwar Chandra, AC to GP.-13. For the Accountant: Mr. Arun Kumar Arun, Adv. General ----------- 4/ 09.03.2010 Petitioner’s prayer was for a direction to the respondents to make payment of arrears of salary amounting to Rs. 1,96, 602/- (One Lakh Ninety Six Thousand Six Hundred and Two only). Petitioner had approached the respondents on several occasions for this amount. Finally, having no other remedy available, he approached this Court, In the writ application also despite direction, no counter affidavit was being filed by the respondents, as such, order dated 05.03.2010 a direction for personal appearance of respondent No. 5 was passed. This expedited the process and the long drawn process suddenly become short. A draft was issued in favour of the petitioner and that has been produced before the Court by the counsel - 2 - appearing for the State along with the counter affidavit. A demand draft of Rs. 1, 94, 082/-, tax deducted at source, has been produced, which includes entire arrears of salary payable to the petitioner. Counsel for the petitioner Mr. Ranjeet Kumar No. 2, is being handed over the demand draft for its’ handing over to the petitioner. The counsel will file a receipt, showing its acceptance by the petitioner. It has been submitted by the petitioner’s counsel that for six long years the amount remained unpaid to the petitioner, as such, he is entitled for interest on this amount. In the counter affidavit filed by the State, reasons have been shown for non-payment, which are the technical objection, raised different levels. Such technical objections could have been removed earlier which is apparent from the fact that within a short period of two weeks after 05.03.2010 everything has been done quickly. It only shows that there was no will, intention on the part of the respondents for making payment to the petitioner and ignoring his entitlement for the amount, delay was caused. In the facts and circumstances, it is desirable that petitioner should be paid interest at the rate of 6 % on the amount, relating to arrears of his salary. The interest amount must be paid within eight weeks from the date of production/communication of the order. Sanjeet/ (Mridula Mishra, J.)