IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14772 of 2009 KRIPA NANDAN PRASAD AMBASTHA Versus THE STATE OF BIHAR & ORS ----------- 02. 19.11.2009. Heard learned counsel for the petitioner and the State. Salary is not a bounty but a statutory right. The Government as the employer in Welfare State does not give grace by salary but performs its constitutional obligation as otherwise for any period for which a government servant is made to work without salary the State violates Article 23 of the Constitution, unless there sufficient reasons in law to deny salary. Let respondent no.2 decide the claim for salary of the petitioner for the period specified in the writ application. It is expected that any legitimate dues of the petitioner shall be paid. If the petitioner is to be denied salary for any period, let the same be done after due opportunity to the petitioner of the materials against him and then a reasoned and speaking order making full disclosure of facts is required to be passed to facilitate judicial review of the administrative order if need arises. While deciding the claim for salary, this Court requires the respondent to also deal with the issue of appropriate interest for any legitimate dues. The interest shall be paid from the Government coffers but the respondent is directed to fix the 2 responsibility and recovery of amount of interest from the erring officer all of which must from part of the discussion of the order. Let the same be done within a maximum period of 12 weeks from the date of receipt/production of a copy of this order. If the petitioner has any other grievance with regard to current salary he shall bring the same to the attention of the respondent. This application stands disposed off. U.K. (Navin Sinha,J)