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1997 DIGILAW 682 (PAT)

Subhash Chandra Das v. State of Bihar

1997-09-16

ASOK KUMAR GANGULY

body1997
Order Heard learned counsel for the parties. 2. Despite two directions, no counter affidavit has been filed. 3. The petitioner is praying for salary on the post of Junior Engineer from the month of October, 1996 to May, 1997. 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. 4. In this view of the matter, this Court directs that within a period of four weeks from the date of receipt/communication of a copy of this order, respondent nos. 4 and 5 must pay the admissible salary to the petitioner and if the same is not paid within the period aforesaid, the respondents will have to pay the same along with interest at the 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. 5. Loomed counsel for the petitioner has said that during the pendency 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 filing a supplementary affidavit in this writ petition. 6. This Court is of the view that the cause of action, if any, against the transfer is totally different and the same cannot be considered in this writ petition. Therefore, the averment made in the supplementary affidavit cannot be taken note of by this Court. 7. With the above observation/direction, this writ petition is disposed of. There will be no order as to cost.