IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11348 of 2006 Amiri Jha, Son of Sri Bhagloo Jha, Resident of Village Kaithinia, P.S. Madhepur, (R.S. Shibir-Jhanjharpur) District Madhubani. -------- Petitioner Versus 1. The State of Bihar. 2. The Civil Surgeon-cum-Chief Medical Officer, Madhubani. 3. The District Leprosy Eradication Officer, Madhubani. ------- Respondents ----------- 2 20.08.2010 Having heard learned counsel for the parties with regard to the following prayer:- “1. That the present writ application is being filed for issuance of appropriate writ or direction to the Respondents concerned in the nature of Mandamus directing the Respondents concerned to pay to the petitioner his admitted due salary of about 10 months for the period between October, 2001 and February, 2002 as also between May, 2002 and 23.9.2002 during which petitioner admittedly worked with interest for delayed payment.” and on being informed by the counsel for the petitioner that the entire payment has already been made to the petitioner, this Court in absence of any statutory provision for payment of interest on the amount of arrears of salary, would find it difficult to now go into the question of admissibility of payment of interest to the petitioner. Such 2 claim, infact, cannot be decided in a writ jurisdiction, inasmuch as, it would require evidence to be laid by both the parties for showing and establishing as to who was at fault for withholding of the payment of salary. Such prayer, therefore, with regard to fastening the liability of payment of interest by way of damages can be claimed by the petitioner only by filing a civil suit only. With the aforementioned observation, this application is dismissed. Rsh (Mihir Kumar Jha, J.)