IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1355 of 2008 BRAJENDRA KUMAR Versus THE STATE OF BIHAR &ORS ----------- 2/ 04/01/2010 Heard learned counsel for the petitioner and learned counsel for the State. The claim in this writ application is for certain arrears of salary from September, 2007 along with interest. An additional claim for certain expenses incurred in service have also been made. The counter affidavit of the respondents acknowledges his claim for salary and states that orders have been issued for release. On the latter claim the stand is that departmental proceedings have been initiated. This Court is not concerned with the departmental proceedings in the present application. Learned counsel for the petitioner submits on instructions that till date physical payment of the salary of the petitioner remains elusive. From the counter affidavit of the respondents, more particularly from paragraphs- 7 and 9, it is apparent that his eligibility and claim for salary is no more in dispute. Any orders that may be passed in a departmental proceeding are an entirely 2 different matter and can have no bearing on his claim for salary, not denied in the counter affidavit. If the petitioner has not been paid his salary dues, acknowledged to be paid in the counter affidavit, let the petitioner approach the Principal Secretary, Public Health Engineering Department, Government of Bihar, who shall have it verified whether actual payment has been made or not made to the petitioner. While doing so, he shall also be obliged to consider the issue of grant of appropriate interest to the petitioner on the salary dues as the counter affidavit does not state any cogent reason sustainable in law for withholding the salary. Let such appropriate orders be passed by the Principal Secretary and the legitimate dues be paid, if not already paid, within a maximum period of three months from the date of receipt/production of a copy of this order. The writ application stands disposed. KC/ ( Navin Sinha, J.)