IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9873 of 2006 DR.SHRICHANDRA BHAWNANI, son of late Prem Chandra Bhawnani, resident of MIG 311, Lohia Nagar, P.S. Kankarbagh, District Patna 800020 at present posted as Civil Assistant Surgeon, Additional Primary Health Centre, Gauharpur, Sadar Block, District Patna … Petitioner Versus 1. THE STATE OF BIHAR through the Secretary, Health, Medical Education and Family Welfare Department, Govt. of Bihar, New Secretariat, Patna 2. The Secretary, Health, Medical, Education and Family Welfare Department, Govt. of Bihar, New Secretariat, Patna 3. The Director-in-chief, Health Services, New Secretariat, Patna 4. The Civil Surgeon cum Chief Medical Officer, Vaishali 5. The In-charge Medical Officer, Referral Hospital, Khajechand Chapra, P.O. and P.S. Garaul, District Vaishali 6. The Civil Surgeon cum Chief Medical Officer, Patna 7. The In-charge Medical Officer, Sadar Block, Patna 8. The Accountant General, Birchand Patel Marg, Patna-800001 … Respondents ----------- 2. 20.8.2010 Heard counsel for the petitioner and the counsel for the State as also the Accountant General, Bihar. The following prayer of the petitioner in this writ application: “(i) Consequential monetary benefits in terms of difference of pay and allowances on account of First Time Bound Promotion granted to the petitioner with effect from 24.9.1993 vide Health, Medical Education and Family Welfare 2 Department‟s notification No. 400(3) dated 12.6.2001 (Annexure 1). (ii) Full salary for the period from 11.9.2003 to 6.4.2005 during which the petitioner remained under suspension in a Departmental proceeding and received only subsistence allowances at old and lower rate than prescribed even though the petitioner was exonerated in the departmental proceeding and consequently the suspension was revoked vide Health, Medical Education and Family Welfare Department‟s letter issued under Memo No. 245 dated 2.3.2005 (Annexure 5) to the petitioner. (iii) Full salary for the period of commuted leave from 8.4.2005 to 1.7.2005 and from 7.8.2005 to 23.1.2006 which is awaiting sanction and regularization process with the department since 15.2.2006. (iv) Full month to month salary for the financial period of the year 2005-2006 and thereafter. (v) Payment of House rent from 4.9.1999 to 31.7.2005 during which the petitioner was posted and had not availed any government accommodation at Referral Hospital, Khajechand Chapra, P.O. and P.S. Garoul, District Vaishali as the 3 same was withheld by the drawing and disbursing Officer (respondent no.5) despite the fact that the admissibility of the payment of House Rent allowances was granted by the finance department and the Accountant General, Bihar (herein after referred to „A.G.‟, Bihar) in all the pay slips issued by them. (vi) interest @ 18% per annum with effect from the date of accrual of salary till the date of actual payment on all the above dues i.e. difference of pay on account of first time bound promotion, House rent allowance and salary from 11.9.2003 till date (till date of payment) for the reason that the petitioner has been denied the above rightful dues due to sole inaction on the part of the respondents no.4, 5, 6 and 7 for the reason/(s) best known to them.” has become infructuous during the pendency of the writ application, inasmuch as whatever was claimed by the petitioner by way of payment of salary allowances etc. has already been paid to the petitioner within seven months of the filing of this writ application. In that view of the matter, the 4 claim of payment of interest for the period of salary from 1993 onwards to a person like the petitioner, who had himself slept over his rights and did not move any court of law till August, 2006, must be rejected on the ground of delay and laches. Moreover the question of payment of interest on arrears of salary being not covered by any statutory provision the same being more or less by any of claim as damages cannot be effectively adjudicated in writ jurisdiction. Such disputed claim would require leading of evidence for holding as to whether the petitioner or the respondents were responsible in causing delay in the payment of salary. In the opinion of this Court the petitioner, if he so likes, may file a suit before Civil Court for claiming interest on the aforementioned amount of salary and allowances. With the aforementioned observation and liberty this application is dismissed. (Mihir Kumar Jha,J.) Surendra/