IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.420 of 2008 Md. Anish, son of Manjoor Hassan, resident of Mohalla- Ekbal Nagar, P.S. Kotwali, District- Gaya ---- Petitioner. Versus 1. Sri Rai Madan Kishore, the Commissioner-cum-Chief Executive Officer, Gaya Municipal Corporation, Gaya. 2. The State of Bihar, through Shri S. Jaleja the Secretary Urban Development, Government of Bihar, Patna. ----- Respondents. ---------- 7. 1.12.2010 Heard Mr. Nand Kishore Prasad Sinha for the petitioner, and Mr. Rabindra Kumar Priyadarshi for opposite party no.1. This application under Article 215 of the Constitution of India has been filed by the petitioner of M.J.C. No. 653 of 2003, for the alleged disobedience of the order dated 8.8.2007 (Annexure-1). The contemners have placed on record their show-cause. We have perused the materials on record and considered the submissions of learned counsel for the parties. It appears that the petitioner was in the employment of the Corporation. He did not receive his post-retirement dues fully after superannuation leading to C.W.J.C. No. 7228 of 2002, which was disposed by order dated 21.8.2002, whereby direction was issued to the Corporation for payment of the dues admissible to the petitioner including his post-retirement entitlements. The 2 Corporation did not make full payment of the dues leading to M.J.C. No. 653 of 2003, which was disposed of with the liberty to the petitioner to submit a representation before the Chief Executive Officer of Gaya Municipal Corporation who was required to be disposed of the same by a reasoned order. The operative portion of the order is reproduced hereinbelow: “…This Court will be pleased if the entire process is completed within a period of three months from the date of submission of the representation, failing which the petitioner shall be entitled to interest @ 12% from the date of entitlement till the date of payment.” The petitioner’s representation has been disposed of beyond time granted by this Court by order dated 1.2.2010 (Annexure-A), wherein it has been found that a sum of Rs.20,376.00 was due to the petitioner which included the component of pension calculated up to 31.12.2009. In such circumstances, we are not inclined to accede to the prayer of the petitioner for grant of interest as per the said order dated 8.8.2007, for the reason that the petitioner’s representation had to be disposed of within a period of three months from the date of submission of the representation, failing which the dues shall carry interest at the rate of 12%. The order dated 8.8.2007 contemplates dues, roughly speaking till 3 the end of 2007, whereas the order dated 1.2.2010 has made calculations up to 31.12.2009. In other words, in view of the spirit of the order dated 8.8.2007, in our view, no interest is admissible for the dues which accrued from January 2008 till 31.12.2009. We are satisfied that the order in question has been complied with and nothing survives for consideration. This application is disposed of. Vinay/ ( S. K. Katriar,J. )