Subhash Chandra Das vs The State of Bihar and Others

A.K. Ganguly, J.—Heard learned Counsel for the parties .

Despite two directions to counter affidavit has been filed.

The Petitioner is praying for salary on the post of Junior Engineer from the month of October, 1996 to May, 1907. Since no counter affidavit has been filed this Court is not aware of the position why the salary of the Petitioner has not been paid for the aforesaid period.

In this view of the matter, this Court directs that within a period four weeks from the date of receipt/communication of a copy of this Respondent Nos. 4 and missible salary to the Petitioner and if the same is not paid period aforesaid, the Respondents will have to pay the same along with interest rate of 12% per annum to be calculated from the date of expiry of the aforesaid period of four weeks till the actual payment is made.

Learned Counsel for the Petitioner has said that during the tendency of this writ petition he has been transferred to a different place and he has tried to bring those facts to the notice of this Court by filling supplementary affidavit in this writ petition.

This Court is of the view that the cause of action, if any, against the transfer is totally different and the same can not be considered in this writ petition, therefore the averment made in the supplementary affidavit cannot be taken note of by this Court.

With the above observation/direction, this writ petition is disposed of. There will be no order as to cost.