IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7544 of 2003 BHUBNESHWAR PRASAD SHUKLA Versus THE STATE OF BIHAR & ORS ----------- 5. 1.9.2008 Heard learned counsel for the petitioner, learned counsel for the Board and learned counsel for the State. Learned counsel for the petitioner has admitted that all payments in respect of retirement benefits of the petitioner have been paid by the Bihar Rajya Khadi and Village Industries Board (hereinafter to be referred to as ‘the Board’). However, he submits that payments have been made quite late and, therefore, he presses this writ petition for grant of interest on delayed payment from the date it became due till the actual payment was made. In this connection learned counsel has relied upon an order of Hon’ble Supreme Court in the case of Vijay L. Malhtora Vs. State of U.P. reported in (2001) 9 S.C.C.687 wherein Hon’ble Supreme Court awarded the interest in the matter of delayed payment on retirement benefits at the rate of 18% simple interest. Apparently, the said order of Hon’ble Supreme Court is not a judgment under Article 141 of the Constitution of India rather it is an order under Article 142. In the present case the retirement benefits have been claimed by the petitioner and the same have been paid by the Board. The respondent-Board has been well known for its financial crunch and specific stand has been taken by the Board in its counter affidavit that as and when fund was received from the State Government the amount was released to the petitioner. This has not been challenged or denied by the petitioner. Therefore, in the circumstances of the present case I am not 2 inclined to pass any order for award of interest on the payments made to the petitioner and the said prayer is rejected. Admittedly, since all the retirement benefits have been paid to the petitioner, this writ petition has become infructuous and the same is, thus, disposed of. Md.S. (J.N.Singh,J.)