Patna High Court Limits Interest On Delayed Salary Arrears To 3 Years Before Filing Of Writ Petition, Modifies Single Judge Order
The Patna High Court has held that in cases of delayed claims, relief relating to arrears must ordinarily be restricted to a period of three years prior to the filing of the writ petition, modifying a Single Judge's direction granting interest on salary dues for a much longer period.A Division Bench comprising Chief Justice Sangam Kumar Sahoo and Justice Harish Kumar was hearing a Letters...
The Patna High Court has held that in cases of delayed claims, relief relating to arrears must ordinarily be restricted to a period of three years prior to the filing of the writ petition, modifying a Single Judge's direction granting interest on salary dues for a much longer period.
A Division Bench comprising Chief Justice Sangam Kumar Sahoo and Justice Harish Kumar was hearing a Letters Patent Appeal filed by the State of Bihar challenging the order dated 14.08.2024 passed in C.W.J.C. No. 12983 of 2022.
By the impugned order, the learned Single Judge had directed the State to pay interest at the rate of 6% per annum on delayed salary dues of the petitioner's father for the period from 01.07.1992 to 22.04.2003, till the date of actual payment, which was made on 23.03.2024.
The case of the petitioner was that his father, who was appointed as a Dresser-cum-Compounder at Government Polytechnic College, Gaya, had outstanding salary dues for the period from July 1992 till his death on 24.04.2003. It was submitted that despite a representation made in 2022, no action was taken by the authorities, compelling the petitioner to approach the Court.
The State contended that the writ petition was filed after an inordinate delay of nearly 20 years, and that verification of records was required before disbursement of dues. It was also pointed out that the arrears amounting to ₹6,71,715/- had already been paid on 23.03.2024.
The Court noted that the primary issue was with respect to the extent of relief that could be granted in light of the delay in approaching the Court. Relying on the Supreme Court's decisions in Union of India v. Tarsem Singh (2008) 8 SCC 648 and Rushibhai Jagdishchandra Pathak v. Bhavnagar Municipal Corporation (2022) 18 SCC 144, the Court reiterated:
“…As a consequence, the High Courts will restrict the consequential relief relating to arrears normally to a period of three years prior to the date of filing of the writ petition.”
Applying the above principle, the Court held that since the writ petition was filed on 03.09.2022, the petitioner would be entitled to interest only for the period of three years preceding the filing of the writ petition.
Accordingly, the Court modified the order of the Single Judge and directed that interest at the rate of 6% per annum be paid only for the period from 03.09.2019 to 03.09.2022 on the salary dues already paid.
Case Title: State of Bihar and Ors v. Uday Kumar.
Case No.: Letters Patent Appeal No. 180 of 2025 (in C.W.J.C. No. 12983 of 2022).
Appearance: Mr. Prem Ranjan Raj appeared for the Appellant. Mr. Chandra Bhushan Verma appeared for the Respondent.