IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14690 of 2008 SANJEEV KUMAR Versus THE STATE OF BIHAR & ORS ----------- 5. 6.5.2009 Heard learned counsel for the petitioner and the State. The claim is for arrears of salary from March, 2007. It is submitted that the salary is being paid to the petitioner from September, 2008. The attention of the Court is drawn to Annexure-4 to the supplementary affidavit dated 27.12.2008 written by the District Superintendent of Education, Muzaffarpur to the Panchayat Secretary giving directions to ensure payment of the arrears of the petitioner. Notices were issued to respondent nos. 8 and 9, the Mukhiya and the Panchayat Secretary. The notice has been served on respondent no. 8. Once the Mukhiya has been served with the notice, a presumption arises that respondent no. 9, the Panchayat Secretary is also aware of the pendency of the present writ application and the claim made therein. Both respondent nos. 8 and 9 have chosen not to enter appearance much less file any counter affidavit. Unfortunately, even the official respondents have chosen to maintain silence and have not filed any counter affidavit despite the directions given on 12.1.2009. Not only do the respondents appear to be unconcerned with the plight of the petitioner but they appear to be equally not bothered about the pendency of the matter before this Court. In the aforesaid circumstances, this Court is left with no option when the subordinates do not appear to be realizing the supremacy of - 2 - the rule of law to direct respondent no. 2 to ensure that the legitimate arrears of salary of the petitioner as noticed above are paid to him. While considering such payment respondent no. 2 is also obliged by the order of this Court to consider the issue of grant of interest on the arrears of salary. This Court leaves the quantum of interest to the discretion of respondent no. 2. Let the legitimate dues along with the quantified interest be paid to the petitioner within a maximum period of eight weeks from the date of receipt/production of a copy of this order. The amount of interest granted shall be paid from the Government coffers within the time fixed, but the amount of interest shall then be recovered either from the salary of the concerned delinquent or in a proceeding under the Bihar and Orissa Public Demand Recovery Act as the case may be. P. Kumar (Navin Sinha, J.)