IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2753 of 2007 SHIOKANT SINGH Versus THE BISCOMAN THRU.ITS CHAIRMAN ----------- 2/ 23/9/2008. Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is a night guard appointed in the BISCOMAUN. He was sent on duty as such at the cold storage of Respondent No.7 in pursuance of an agreement between the BISCOMAUN and respondent No.7. It is his grievance that he has not been paid his salary for certain periods spent on duty under respondent No.7. He has represented against the same, with no response, compelling him to approach this Court. It is indeed unfortunate that for what are routinely administrative matters, writ applications have to be filed and routine administrative actions have to be propelled by the order of the Court. No counter affidavit has been filed on behalf of the respondents, despite the fact that the writ petition was filed nearly one and half years ago after serving copies of the writ application on the respondents, this Court is not persuaded to accede to the prayer for adjournment on that ground. If the petitioner is an employee of the BISCOMAUN, the liability to pay him salary vests with BISCOMAUN. He is - 2 - not concerned with any arrangement, agreement, lease entered into between the BISCOMAUN and respondent No.7 and in pursuance of which he may have been asked to perform duties at a place other than directly under BISCOMAUN. Had he refused to go, he would have invited departmental proceedings against himself. That there may have been a breach of the agreement by respondent No.7 with BISCOMAUN hardly concerns the petitioner. The writ application is therefore disposed with directions to the BISCOMAUN to examine the representation of the petitioner for his claims of salary and pay him his legitimate dues with in a maximum period of three months from the date of receipt/production of a copy of this order. If the legitimate dues are not paid within the three months, the dues shall carry interest at the rate of 4% for which the authorities shall have the right to recover the interest amount from the delinquent due to whose fault the order of the Court may not be complied with in time. The writ application stands disposed accordingly. KC ( Navin Sinha,J )