IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2901 of 2008 Paltan Ram, Son of Late Ram Chandra Ram, Resident of Mohalla – House No. 23, Chanakyapuri, Raza Bazar, Police Station – Shastrinagar, District – Patna- 800014 …………. Petitioner Versus 1. The State Of Bihar. 2. Managing Director, Bihar Rajya Jal Parshad, West Boring Canal Road, Patna. 3. Secretary, Public Health & Engineering Department, New Secretariat, Patna. 4. Chief Engineer – cum – Special Secretary, Public Health & Engineering Department, Bihar, Patna. 5. Executive Engineer, Ganga Project Division No. 1, Bihar Rajya Jal Parshad, S.T.P. Saidpur, Patna - 4 ……….. Respondents ---------------------------------- 2 17/8/2011 Heard Sri Ajay Prasad, learned counsel for the petitioner, Dr. Chandrashekhar Ajad, learned A.C. to Government Advocate No. 9, who appears on behalf of Respondent Nos. 1, 3 & 4/State and Sri Indrajeet Singh, learned counsel appearing on behalf of Respondent Nos. 2 & 5/Bihar Rajya Jal Parshad. The petitioner retired with effect from 31/3/2007 as ‘Correspondence Clerk’ from the office of Executive Engineer, Bihar Rajya Jal Parshad, Ganga Project, Division No. 1, Patna. The writ petition was initially filed with a prayer to direct the Respondents to pay all the retiral dues of the petitioner. In this case, counter affidavit on behalf of Respondent Nos. 2 & 5 has been filed and it has been stated that all the retiral dues of the petitioner have already been paid. By filing supplementary affidavit, the petitioner has claimed that it is true that dues of the petitioner have already been paid but the retiral dues were paid at belated stage for which the petitioner was entitled to 2 get interest. However, no interest has been paid till date. The court is also of the opinion that on belated payment of retiral dues the petitioner was entitled to claim admissible interest. However, in absence of any specific pleading, it would be difficult for this court to record positive finding. Accordingly, keeping in view the fact, that most of the grievances of the petitioner have already been redressed, there is no need to further keep the matter pending, and as such, the writ petition stands disposed of with liberty to the petitioner to file a detailed representation in respect of his claim for interest on delayed payment before Respondent No. 2/Managing Director, Bihar Rajya Jal Parshad, within a period of six weeks from today. If such representation is filed, Respondent No. 2 is required to examine the same and pass appropriate order in accordance with law within a period of three months from the date of filing of such representation. If Respondent No. 2 considers the claim of the petitioner as genuine, he is required to pass order for payment within aforesaid time. Even in case of refusal, Respondent No. 2 is required to pass a speaking order and communicate the same to the petitioner within a period of three months from the date of filing of such representation. With above observation and direction the writ petition stands disposed of. Praful ( Rakesh Kumar, J.)