IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11497 of 2002 SHIVENDRA PASI Versus THE STATE OF BIHAR & ORS ----------- 3. 4.3.2009 Heard the counsel for the petitioner and the State. The petitioner came to this Court in 2002 with claim for arrear of salary from 1.4.1994 to 27.11.1997 and subsistence allowance from 28.11.1997 to 13.12.1999 and the salary of the post of Executive Engineer from 14.12.1999 till the date of the filing of the writ application in October 2002. No counter affidavit has been filed. The claim being factual in nature, the writ application is disposed of with a direction to respondent no. 2 to examine the claims of the petitioner in accordance with law and pass appropriate orders thereupon. If there is justification in the claim of the petitioner or a part of the claim, this Court expects that the legitimate dues of the petitioner shall be paid to him. If the respondents find no merit in the claim of the petitioner or a part of the claim, the respondents shall be obliged to pass reasoned and speaking order. In the event of the claim being found just in whole or in part, the respondents shall be obliged to consider the grant of interest minimum at the bank rate. If the petitioner is held entitled to any interest, the respondents shall be obliged to hold an enquiry as to why the salary or the legitimate dues of the petitioner was not paid and to fix responsibility due to latches on whose part the payment of legitimate - 2 - dues of the petitioner was not made and after fixation of responsibility direct recovery of the said amount from the person concerned. The enquiry shall also take in its jurisdiction, the issue as to why no counter affidavit was filed and the matter be taken up appropriately at the department level. Let the entire exercise be completed and the proper order be passed within a period of four months from the date of receipt/production of a copy of this order. P. Kumar (Navin Sinha, J.)