IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.745 of 2006 DR.DAYA NAND SINGH Son of late Raghav Sharan Singh, resident of village- Banpura, P.S- Bhagwanpur Hat, Dist- Siwan, Present Add- A+PO+PS- Maharajganj, Dist- Siwan --------Petitioner Versus 1. THE STATE OF BIHAR 2. The Commissioner-cum- Secretary, Health Department Government of Bihar, New Secretariate, Patna. 3. The Director in- charge, Health Services, Government of Bihar, Ptna. 4. the District Leprosy Eradication Officer, Siwan. 5. The Civil Surgeon- cum- Vice Chairman, District leprosy Committee, Siwan. 6. The District Magistrate- cum- Chairman, District leprosy Committee, Siwan, Dist- Siwan -----------Respondents 7. 22.04.2011 The petitioner being a doctor had worked for the State in relation to Leprosy Eradication Program in the District of Siwan for a short period. The period for which the petitioner worked was 1997-98, 1998-99 and 1999-2000. He was informed as also others by the District Leprosy Eradication Officer, Siwan by letter dated 22nd July 1998 Annexure2 that he was entitled to a daily honorarium plus traveling allowances as mentioned therein. Pursuant to Government decision after petitioner stopped working as consequent there being terminated of the ad- hoc appointment. He raised a claim of total of Rs 59905 and towards payment of honorarium and traveling allowances. Ultimately so far as honorarium is concerned that was paid but so far as traveling allowances is concerned. The District Leprosy Eradication Officer, Siwan by his letter dated 13.3.2005 informed him that his claim was being rejected as he was not entitled to anything beyond the honorarium. The writ petition has been filed today. 2 A counter affidavit has been filed duly sworn by the Civil Surgeon –cum- Chief Medical Officer, Siwan in no uncertain terms it has been accepted that petitioner was entitled to both honorarium traveling allowance. As such the admission is that the District Leprosy Eradication Officer, Siwan has wrongly rejected the claim of the petitioner. It is specifically admitted that an amount of Rs. 59905.00, is due to the petitioner out of which vide cheque dated 9.4.2011, petitioner has been paid Rs. 25287.00, leaving a balance of Rs. 34680.00, it is under taken that the same would be paid as and when funds are made available. The request for which has already been made. Having considered the matter and heard the learned counsel with their consent the writ petition is disposed of at this stage. From the counter affidavit it is now apparent that the District Leprosy Eradication officer, Siwan wrongly rejected the claim of the petitioner. Petitioner’s claim has been pending for almost ten years. The reasons for such order is not far to search they are reasons but bonafide. The liability is admitted and part payment has also been made with under taking the balance payment. I am surprised as to how for ten years payment was avoided to the petitioner in the facts of this case. I therefore, direct that within three months from the date of production of copy of this order before the respondent Civil Surgeon –cum Chief Medical Officer, Siwan the balance payment of Rs. 34680.00 would be paid to the petitioner along with interest @ of 6% perannum from the time payment was originally due to 3 the time when payment was made. The aforesaid interest would later be charged from the person who was responsible for making this undue delay in payment but that would not stop the authorities for making payment to the petitioner along with balance of the principal amount. With this observations and directions this writ petition is disposed of. Namita ( Navaniti Prasad Singh, J.)