IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11261 of 2002 Prof. Kedar Prasad Sinha, Son of late Baidya Nath Singh, Resident of Village Mohalla Behind Ashok Town Hall, Jamui, P.S. Jamui, District Jamui. ---------- Petitioner Versus 1. The State of Bihar. 2. The Tilka Manjhi Bhagalpur University, Bhagalpur through its Registrar. 3. The Vice-Chancellor, Tilka Manjhi Bhagalpur University, Bhagalpur. 4. The Registrar, Tilka Manjhi Bhagalpur University, Bhagalpur. --------- Respondents ----------- 4 14.07.2010 Heard Mr. Rajendra Prasad Singh, learned senior counsel appearing on behalf of the petitioner and counsel for the State as also counsel for the University. The prayer of the petitioner in this writ application reads as follows:- “1. That this is an application through which the petitioner creave indulgence of this Hon’ble court for issuance of appropriate writ(s), order(s), direction(s), to direct and command the respondents- authorities for payment of interest amount Rs. 1,48,935.00 (One Lakh Fourty Eight Thousand Nine Hundred Thirty Five) only to the petitioner, which is payable on the arrears of salary w.e.f. July, 1990 to March, 1990. Dearness allowance w.e.f. July, 1982, to January, 1993, House Rent w.e.f. April, 1985 to March, 1990. Interim Relief w.e.f. April, 1983 to March, 1986 and Deferred 2 Dearness Allowance w.e.f. July, 1982 to March, 1990, amount of Rupees 1,27,534.00 (One Lakh Twenty seven Thousand Five Hundred Thirty four only), and further on pension amount w.e.f. February, 1993 to May, 1997 total amount of Rs. 16,440.00 (Sixteen Thousand Four Hundred Fourty only) and on gratuity amount w.e.f. February 1993 to May, 1997 amount of Rs. 27,725.00 (Twenty Seven Thousand Seven Hundred Twenty Five) only as per order/direction of this Hon’ble Court passed in C.W.J.C. No. 7118 of 1995 (Prof. Kedar Prasad Singh. Vs. The State of Bihar & Other) dated 23rd August, 1996 and M.J.C. No. 3058 of 1998 (Prof. Kedar Prasad Singh. Vs. The State of Bihar and others) dated 8th August, 2001, and further to grant any other consequential relief(s) for which petitioner may be found entitled to.” In support of the aforementioned prayer, Mr. Singh would submit that once this Court had already decided as with regard to the entitlement of payment of interest in the order dated 23.8.1996 in CWJC No. 7118 of 1995, the respondent, Vice Chancellor could not have acted against the order of this Court and such a decision as contained in the impugned order dated 31.7.2002 is therefore 3 against the specific direction of this Court. He has also explained that since the admitted amount of arrear of salary and retirement benefit is not under dispute, the direction of this Court of payment of 12% interest had to be carried out in letters and spirit by making payment of Rs. 1,48,935.00. Strictly speaking, such a money claim cannot be adjudicated in a writ application. Earlier this Court, in fact after it had found that the petitioner even on having retired from service with effect from 7.2.1993 had not been paid his due of salary and retirement benefit, passed an order on 23.8.1996 in CWJC No. 7118 of 1995 wherein the following direction was given:- “i) the petitioner will file a representation before the Vice- Chancellor, Tilka Manjhi Bhagalpur University making therein the claims aforesaid. He will file a copy of this order along with the representation. ii) The Vice Chancellor aforesaid as well as the authorities of the University are directed to decide all the aforesaid claims of the petitioner, taking into account the letter of the State Government issued vide letter no. 1599 dated 4 23rd September, 1995. Whatever, the admitted dues are there, the same is to be paid in favour of the petitioner within a period of three months from the date of receipt/production of a copy of this order.” It is not in doubt that when the said order, according to the petitioner, was not complied in letters and spirit, he had again filed a contempt application being MJC No. 3058 of 1998 which was disposed of on 8.8.2001 wherein this Court after noticing the submission of the parties had recorded as follows:- “In the facts of the case, it is clear that interest at the rate of 12% was to be payable over the entire admitted dues by virtue of earlier order of this court but since dues of salary etc. are admitted to be due from various earlier periods such as 1982-83 the calculation of interest at the rate fixed by this court had to be made from the due and admitted dates of arrears. In such circumstances, petitioner is certainly entitled for further amount of interest for which necessary calculation must be made by the University as per observations given in this order within a period of two months from the date of production/communication of a copy of this order before the Registrar of the University. The petitioner will be 5 entitled to submit his own calculation of interest over the arrears of salary and dearness allowance and the University will take that into consideration while determining the dues of interest and if the petitioner’s calculation is not accepted then reasons for the same should be communicated to the petitioner. The dues of interest over the arrears of salary and dearness allowance should be paid to him within the aforesaid period of two months.” The impugned order in fact has been passed pursuant to the aforementioned direction in the contempt application. Since the petitioner does not dispute on the correctness of the impugned order with regard to the difference of salary, gratuity, arrear, pension or the cost, the only relevant portion with regard to the interest as held in the impugned order needs to be quoted hereinbelow:- “IV. Interest:- A sum of Rs. 12,473 was paid to the petitioner as interest vide cheque no. 121431 dt. 27.5.97. The interest was recalculated and a sum of Rs. 22,774/- was paid to the petitioner vide cheque no. 782830 dt. 11.4.2000. Thus a total sum of Rs. 35,247/- was paid to the petitioner towards interest.” In the opinion of this Court, as 6 indicated above, the admitted amount of salary and retirement benefit has already been paid to the petitioner. The University has also paid the interest in two installments of a sum of Rs. 12,473/- and again a sum of Rs. 22,774/-. If the petitioner, thereafter, again disputes this amount on any ground whatsoever, he will have to lead evidence that the University was in receipt of such fund and was keeping the same and denial of the same was deliberate. The claim of payment of interest on amount of salary can be enforced ordinarily by way of damages by filing a civil suit as it is not same as payment of pension and gratuity covered by statutory interest. That being so, this Court would leave the petitioner to seek his remedy before the ordinary civil court as with regard to his claim of balance amount of interest. With the aforementioned observations, this application is disposed of. Rsh (Mihir Kumar Jha, J.)