IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6899 of 2006 Kiran Devi, wife of Late Moti Chand, resident of Village- Jamunapur, P.S. Bihta, District-Patna --------- Petitioner Versus 1. Bihar State Electricity Board through its Chairman, Vidyut Bhawan, Bailey Road, Patna 2. Chairman , Bihar State Electricity Board, Vidyut Bhawan, Bailey Road,Patna 3. General Manager-cum-Chief Engineer, Central Electric Supply Area, Serpentine Road, Patna 4. Financial Controller-I, Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna 5. Electrical Superintending Engineer, Bhojpur Electrical Circle, Arrah 6. Electrical Executive Engineer, M.R.T. Division, Arrah 7. Accountant Officer, Bhojpur Electrical Circle, Arrah --------------------- Respondents. ----------- 04 15-03-2011 Heard Sri Shivji Pandey, learned Senior Counsel appearing on behalf of the petitioner and Sri Vinay Kirti Singh, learned counsel appearing on behalf of Respondent No.1 to 7/ Bihar State Electricity Board. The husband of the petitioner retired with effect from 30.09.1998 as unskilled Khalasi from M.R.T. Division, Arrah under the Bihar State Electricity Board. Before getting payment of all his retiral dues, he died on 22.2.2005. Before that he had received 90 % provisional pension and amount of G.P.F. and G.S.S. The present writ petition was filed by the petitioner with a prayer to direct the Respondents to make payment of full family pension on the basis of revised scale of pay to the petitioner with stipulated interest and sanction and pay full pension, gratuity and other dues. In the present case, a counter affidavit was filed on behalf of Respondent/Bihar State Electricity Board enclosing 2 therewith authorization in respect of family pension as well as gratuity. The sanction order in respect of family pension and gratuity is dated 8.3.2011. At Bar, Sri Vinay Kirti Singh, learned counsel appearing on behalf of respondent Bihar State Electricity Board has submitted that pursuant to the payment order , payment of Rs.1,17,177/- vide Cheque No.580945 and Gratuity amount of Rs. 40,991 has already been made on 11.3.2011 against arrears of family pension amount and gratuity amount . It is not in dispute that no interest was paid either on arrears of family pension or gratuity amount. Sri Shivaji Pandey, learned Senior Counsel for the petitioner, while placing Annexure-4 to the petitioner, has argued that as per instruction issued by the State of Bihar, which was adopted by the Bihar State Electricity Board, the petitioner was entitled to get interest @ 5% per annum on the retiral dues, which includes family pension and gratuity amount. In the pleading, it has not been categorically stated by Respondent Bihar State Electricity Board that the delay has occurred due to laches on the part of the petitioner. The Court is of the opinion that in view of Annexure-4, the petitioner was entitled to get interest, which has not been paid. Learned counsel for the Bihar State Electricity Board has referred to Clause-(c) of Government Notification at page-17 of the writ petition and it was submitted that no interest is applicable in respect of arrears of pension/ gratuity, which may become due, as a result of enhancement of emolument. In the present case, the husband of the petitioner was 3 paid only 90 % of the pension. It is not a case that the petitioner is claiming interest in view of enhancement of emolument. However, the petitioner is claiming interest on the delayed payment, which was due on account of provisional pension. The Court is of the opinion that the petitioner is entitled to get interest in view of Annexure-4 on the dues of remaining account, which has been sanctioned under the head of family pension and also gratuity amount. The petition stands partly allowed with a direction to the Respondents to calculate interest in terms of Annexure-4 to the petition and make payment of interest amount within a period of three months from the date of receipt/production of a copy of this order. NKS/- ( Rakesh Kumar,J.)