IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3154 of 2008 Mostt. Sugia Devi, Aged about 67 years, Wife of Late Antu Gope, Resident of Village – Ghutia, Police Station – Medical College, District – Gaya. ……………………………………. Petitioner Versus 1. The Chairman, Bihar State Electricity Board, Patna. 2. The Secretary, Bihar State Electricity Board, Patna. 3. The General Manager-cum-Engineer-in-Chief, Central Area Electricity Board, Patna. 4. The Deputy Director, Bihar Area Electricity Board , Patna. 5. The General Manager Central Area Board, Magadh Division, Gaya. 6. The Superintending Engineer, Electricity Supply Division, Gaya. 7. The Electrical Executive Engineer, Supply, Gaya. 8. The Assistant Engineer, Electricity Supply Division (Urban), Gaya. ………………… Respondents ---------------------------------- 2 18/8/2011 Heard Sri Virendra Prasad, learned counsel for the petitioner and Sri Ajay Kumar Gautam, learned counsel appearing on behalf of all the Respondents/Bihar State Electricity Board. The present writ petition has been filed with a limited prayer to direct the Respondents to pay interest at the rate of 18% per annum on delayed payment of death- cum-retiral dues. It has been claimed that in making payment of death-cum-retiral dues about sixteen years delay has occurred, and as such, the petitioner is entitled to get interest. Learned counsel for the petitioner in support of his argument for claim of interest has relied on a Supreme Court judgment reported in A.I.R. 2000 SC 3513 (2) (Vijay L. Mehrotra Versus State of U.P. & Ors.). He submits that the Supreme Court has held that on 2 delayed payment of retrial dues, the employer is required to pay interest. Short fact of the case is that after death of the husband of the petitioner the Respondents authority had issued sanction order in the year 1993 itself but payment was not made to the petitioner, and thereafter, the petitioner approached this court by invoking its writ jurisdiction vide C.W.J.C. No. 3433 of 2007, and this court vide order dated 27/8/2007 disposed of the writ petition and amount of dues was paid to the petitioner. The petitioner has brought on record a photo copy of order dated 27/8/2007 passed in C.W.J.C. No. 3433 of 2007 as ‘Annexure -1’ to the present writ petition. On perusal of the order dated 27/8/2007 it appears that the Respondents/Board in C.W.J.C. No. 3433 of 2007 by filing a counter affidavit had taken the plea that sanction order was issued by the Respondents/Board within time but delay had occurred due to latches on the part of the petitioner as well as due to circumstances which were beyond the control of the Board. It was also indicated that sons of the petitioner had represented before the authority concerned indicating therein that their mother has become insane. From the order it further appears that this court had occasion to talk with the petitioner, and thereafter, the court was of the opinion that she was mentally fit and 3 writ petition was disposed of. In view of the fact that the petitioner had already approached this court for death-cum-retiral dues and this court had disposed of the writ petition without directing the Respondents/Board to make payment of interest, the court is of the opinion that at subsequent stage the petitioner cannot be allowed to raise such claim which was already available while the petitioner had approached earlier before this court. Moreover, in view of the order dated 27/8/2007 passed in C.W.J.C. No. 3433 of 2007, the Respondents/Board was not solely responsible for delay. In view of the facts and circumstances, the court is of the opinion that no relief can be granted to the petitioner. The writ petition stands dismissed. Praful ( Rakesh Kumar, J.)