IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4268 of 2007 Janardan Jha Son of Late Rajendra Pandey, Assistant Teacher, Anglo Sanskrit Vidyalaya, Nawada, District-Nawada. P/A- village- Tetranwa, P.S. Manpur, District- Nalanda. …..Petitioner Versus 1. The State Of Bihar through the Secretary, Primary & Adult Education, Bihar, Patna. 2. The District Magistrate, Nawada. 3. The Bihar Sanskrit Siksha Board through its Secretary, Bihar Sanskrit Siksha Board, Patna. 4. The Head Master, Anglo Sanskrit Vidayala, Nawada. 5. The District Education Officer, Nawada. 6. Tasnimur Rahman S/o Late M.S. Rahman, R/o Kagzi Mohalla Biharsharif, P.S. Biharsharif, District- Nalanda, presently posted as Secretary, Madarsa Board, Patna, Near Kotwali Police Station, District- Patna. …..Respondents ----------- 11/ 15.04.2009 Learned counsel for the petitioner does not dispute the correctness of the submission on behalf of the respondents that now entire arrears of salary for period 1.4.1997 to 31.3.2005 stands paid and the current salary is being paid. He, however, invites the attention of the court to the previous order, more particularly, the orders dated 18.7.2007, 10.2.2009 and lastly the order dated 20.3.2009 on the issue of grant of interest and costs. In view of the consistent view taken by more than one bench on the issue of grant of interest, considering the fact of the case and the delay in payment of salary when it was also noticed that part payment was being made and ‘a fishing enquiry’ was sought to be done to justify withholding of arrears of salary, this court consider it proper to grant interest to the petitioner on the entire arrears of the salary paid only after the institution of the writ application @ 4%. The interest shall stop running on the first part of the arrears on the date that the - 2 - payment has been made. The interest shall continue to run on the balance of the arrears only till the date that it has been paid. In no event, shall the liability for the interest be borne by the State Government, and it shall only ensure payment from government coffers to the petitioner within a period of twelve weeks from the date of receipt/production of a copy of this order. Liberty is granted to the respondent-Secretary, Primary & Adult Education, Human Resources Department, Govt. of Bihar, Patna, to hold an enquiry for fixing of responsibility whether it be the authorities of Shiksha Board or the Education Department and recover the amount of interest paid to the petitioner from the salary of the erring officials. The writ application stands disposed of. JA/- (Navin Sinha, J.)