IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17680 of 2009 KEDAR PRASAD KESHRI, S/O LATE SITA RAM PRASAD KESHRI,R/O MOHALLA A/122, HOUSING COLONY LOHIANAGAR, KANKARBAGH, P.S. KANKARBAGH, DISTT.- PATNA. ----Petitioner Versus 1.THE STATE OF BIHAR, THROUGH THE PRINCIPAL SECRETARY, WATER RESOURCES (IRRIGATION) DEPARTMENT, GOVT. OF BIHAR, SINCHAI BHAWAN, PATNA. 2.SPECIAL SECRETARY, WATER RESOURCES (IRRIGATION) DEPARTMENT, GOVT. OF BIHAR, SINCHAI BHAWAN, PATNA. 3.JOINT SECRETARY, WATER RESOURCES (IRRIGATION) DEPARTMENT, GOVT. OF BIHAR, SINCHAI BHAWAN, PATNA. 4.DEPUTY SECRETARY, WATER RESOURCES (IRRIGATION) DEPARTMENT, GOVT. OF BIHAR, SINCHAI BHAWAN, PATNA. 5.ACCOUNTANT GENERAL, BIHAR, BIRCHAND PATEL PATH, PATNA. ---Respondents ----------- 3. 19.2.2010 A reply to the counter affidavit of respondents no.1 to 4 has been filed on behalf of the petitioner. Keep it on record. Heard learned counsel for the petitioner and the State as well as the Accountant General. The grievance of the petitioner is that upon his superannuation on 31st of May, 2000 while working on the post of the Executive Engineer, Water Resources (Irrigation) Department, the admissible retiral dues payable to him could not be settled and paid soon thereafter. However, the part of the retiral dues was paid from time to time. Lastly, the balance retiral dues were sanctioned in the month of January, 2010. With respect to the payment of unutilized leave, the learned counsel for the petitioner submits that the retiral dues of the petitioner were paid on different dates after his superannuation and that too after a long delay and as such the 2 petitioner is entitled to interest over the delayed payment. Learned counsel for the State submits that the petitioner has filed the present writ application praying therein to quash the order contained in letter no.671 dated 15.7.2009 (Annexure 14), whereby the representation of the petitioner was not accepted and the same was rejected. Learned counsel for the petitioner, on the other hand, submits that during the service period the petitioner was placed under suspension and after conclusion of the departmental proceeding, arrears of salary minus the subsistence allowance was paid after sufficiently long delay and as such the petitioner has also made a representation claiming interest over the delayed payment of arrears of salary vide representation dated 3.4.2009, which was rejected by the aforesaid order contained in letter no.671 dated 15.7.2009 (Annexure 14). It is further submitted that the petitioner had approached this Court through the writ application, vide C.W.J.C. No.16619 of 2009, which was disposed of vide order dated 18.1.2010, whereby the matter was remitted to the respondent State for considering the claim for interest on the balance amount of his salary, not paid to him during the period of suspension and the aforesaid order contained in letter dated 15.7.2009, which has been annexed as Annexure 14 to the writ application, was kept in abeyance. Be that as it may, the learned counsel for the petitioner submits that the petitioner proposes to file a separate representation stating his grievances with regard to the claim for interest over the 3 delayed payment of retiral dues before the Special Secretary, Water Resources (Irrigation) Department, Government of Bihar, Patna (respondent no.2). In case such a representation is filed within a period of six weeks stating the relevant details of the fact claiming for interest over the delayed payment of terminal dues as also enclosing the copy of the relevant documents in support of such claims along the with certified copy of the present order, respondent no.2 shall consider the grievances of the petitioner raised in the representation and dispose of the same in accordance with law expeditiously, preferably within a period of four months on receipt of such representation, so that the grievances of the petitioner with regard to the claim for interest over the delayed payment of the terminal dues could be settled without further delay and upon consideration in case the representation of the petitioner is allowed, the admitted dues towards the payment of interest could also be paid. Till final order is passed on the representation of the petitioner, the order contained in letter no.671 dated 15.7.2009 (Annexure 14) shall be kept in abeyance. The writ application stands disposed of with the above observations/directions. PNM (Shailesh Kumar Sinha, J.)