IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1085 of 2009 Rama Kant Singh, Son of Late Ram Deo Singh, Resident of Village +P.O. – Bairia, P.S. – Ramgarhwa, District – East Champaran. ------ Petitioner Versus 1. Bihar State Electricity Board, Vidyut Bhawan, Baily Road, Patna. 2. The Secretary, Bihar State Electricity Board, Vidyut Bhawan, Baily Road, Patna. 3. The Financial Controller I, Bihar State Electricity Board, Vidyut Bhawan, Baily Road, Patna. 4. The General Manager-cum-Chief Engineer, Tirhut Electric Supply Area, Bhagwanpur Chatti, Muzaffarpur. 5. The Electrical Superintending Engineer, Electric Supply Circle, Motihari, Near Court Campus, Motihari. -------- Respondents ---------------------------------- 2 20.12.2011 Heard Smt. Shikha Kumari, learned counsel for the petitioner and Smt. Namrata Mishra, learned counsel appearing on behalf of all the Respondents/ Bihar State Electricity Board. The petitioner, who retired on 31.07.2008 as ‘Stenographer’ from Bihar State Electricity Board, had prayed for directing the Respondents to make payment of amount of G.P.F., G.S.S., gratuity and leave encashment. In this case a counter affidavit has been filed on behalf of Respondent / Board and it has been indicated that the amounts claimed by the petitioner have already been paid. The statement to this effect has been made in paragraph no. 5 of the counter affidavit. From the counter affidavit it appears that amount of gratuity was paid vide cheque dated 20.04.2009. It was submitted by learned counsel for the petitioner that gratuity amount has been paid without any interest, whereas, payment was made at much belated stage from the date of the petitioner’s retirement. Similarly, it has been prayed to direct the 2 Respondents to pay interest on the amount of leave encashment, G.S.S. and G.P.F. The court is of the opinion that on delayed payment of amount of gratuity, the petitioner is entitled to get interest at the rate of 05% per annum from the date of retirement till the date of payment. Accordingly, Respondent No. 2 / Secretary, Bihar State Electricity Board, Patna, and Respondent No. 4 /General Manager- cum-Chief Engineer, Tirhut Electric Supply Area, Muzaffarpur, respectively, are directed to calculate interest on delayed payment of the amount of gratuity, as indicated above, and pay the amount of interest within a period of eight weeks from the date of receipt / production of a copy of this order. Regarding claim of interest on delayed payment of G.P.F., leave encashment and G.S.S., the petitioner is granted liberty to file a representation before the Respondent No. 2 /Secretary, Bihar State Electricity Board, Patna. If such representation is filed, the Respondent No. 2 is required to examine the same and pass appropriate order in accordance with law within a period of two months from the date of filing of such representation. If the Respondent No. 2 considers the claim of interest raised by the petitioner as genuine, he is required to pass order for payment within aforesaid time. Even in case of refusal, the Respondent No. 2 is required to pass a speaking order and communicate the same to the petitioner within two months from the date of filing of such representation. Since all the retiral dues have already been paid during 3 the pendency of the writ petition, there is no need to further keep the matter pending. The writ petition stands disposed of. Praful ( Rakesh Kumar, J.)