IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16833 of 2007 Kesar @ Kesar Ram, Son of Late Sam Baskhere, Resident of Mohalla: Mangala Gauri Near Adda, P.S. Civil Line, District : Gaya. ….. Petitioner Versus 1. The State Of Bihar through Commissioner-cum-Secretary, Department of Urban Development, Patna. 2. The Secretary-cum-Commissioner, Department of Finance, Patna. 3. The Commissioner-cum-Chief Executive Officer, Gaya Municipal Corporation, Gaya. 4. The Chief Account Officer, Gaya Municipal Corporation, Gaya. 5. The Executive Officer, Gaya Municipal Corporation, Gaya. ……….. Respondents ---------------------------------- 3 23/8/2011 Heard Sri Vinod Kumar, learned counsel for the petitioner, Smt. Shaili Kumari, learned A.C. to Additional Advocate General No. 8, who appears on behalf of Respondent Nos. 1 & 2/State and Sri R.K. Priyadarshi, learned counsel appearing on behalf of Respondent Nos. 3 to 5/Gaya Municipal Corporation, Gaya. The present writ petition was filed in the year 2007 with a prayer to direct the Respondents to make payment of death-cum- retiral dues of the wife of the petitioner who died in the year 2003 after retirement as class IV employee from the Gaya Municipal Corporation, Gaya. In this case, till date, no counter affidavit has been filed. However, on instruction, Sri R.K. Priyadarshi, learned counsel for Respondent/Gaya Municipal Corporation, Gaya, submits that all the grievances of the petitioner have already been redressed, and to this effect, cheque has already been issued in favour of the petitioner. Learned counsel for the petitioner does not dispute the 2 statement made by learned counsel for the Gaya Municipal Corporation, Gaya, but submits, that payment has been made at belated stage, and as such, the petitioner was entitled to get interest on delayed payment. Be that as it may, since the grievances of the petitioner regarding death-cum-retiral dues have already been redressed, there is no need to keep the matter further pending. The writ stands disposed of with liberty to the petitioner to file a detailed representation before Respondent No. 3/Commissioner-cum-Chief Executive Officer, Gaya Municipal Corporation, Gaya, within a period of six weeks from today, if any grievance as claimed in the writ petition still exists. The petitioner will also be at liberty to claim interest on delayed payment. If such representation is filed, Respondent No. 3 is required to examine the same and pass appropriate order in accordance with law within a period of four months from the date of filing of such representation. If Respondent No. 3 considers the claim of the petitioner as genuine, he is required to pass order for payment within aforesaid time. Even in case of refusal, Respondent No. 3 is required to pass a speaking order and communicate the same to the petitioner within four months from the date of filing of such representation. The writ petition stands disposed of. Praful ( Rakesh Kumar, J.)