SHEIKH MEHMOOD ALAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ petition has been preferred by the retired teacher for getting interest upon much belated payment of arrears of salary for the period running from August 1968 to January 1996, made by respondent no. 2. The payment of arrears of salary has been made on 6th May, 2003. Thus, after approximately eleven years, the legally payable amount towards arrears of salary is paid and that too after several litigations like writ petitions, thereafter, contempt application, thereafter, dismissal of review application and, thereafter, one more writ petition. All the orders of earlier litigations are annexed at Annexures 1, 2, 3 and 5. Thus, more than one writ petitions have been filed for getting arrears of salary, but, looking to the amount which has been paid by the respondents, there is no amount of interest paid to the petitioner and, therefore, the present petition has been preferred.

(2.) Learned counsel for the respondent-State of Bihar submitted that the petitioner can not file writ petition before this Court mainly for the reason that the petitioner retired from the State of Bihar i.e. Biharsharif on 31st January, 1996 and the earlier writ petitions were also preferred before the Hon'ble Patna High Court.

(3.) Having heard learned counsel for both the sides and looking to the facts and circumstances of the case on record, it appears that: