IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.387 of 2009 Vijay Shankar Ray, Son of Late Baleshwar Rai, resident of Village- Bharauli Kalan, P.S. Karimuddinpur, District-Ghazipur (U.P.) ----------------------Petitioner Versus 1. The Bihar State Electricity Board, through its Chairman, Vidyut Bhawan, Patna 2. The Chairman, Bihar State Electricity Board, Vidyut Bhawan, Patna 3. The Secretary, Bihar State Electricity Board, Patna 4. The General Manager-cum- Chief Engineer, Transmission Zone, Patna , Punaichak, Bihar State Electricity Board, Patna 5. The Deputy Director, Personnel, Transmission Zone, Patna Punaichak, Bihar State Electricity Board. 6. The Electrical Superintending Engineer, Transmission Circle, Bihar State Electricity Board, Dehri On Sone, Rohtas 7. The Electrical Executive Engineer, Transmission Division, Bihar State Electricity Board, Ara 8. The Assistant Executive Engineer, Transmission Sub Division, Bihar State Electricity Board, Dumraon ( Buxar)---Respondents ---------------------------------- 02 16-12-2011 Heard Sri Ajay Kumar, learned counsel for the petitioner and Sri Binod Kumar, learned counsel appearing on behalf of the Respondent/Bihar State Electricity Board. The petitioner, who retired on 31.07.2008 as Head Fitter, Transmission Sub Division, Dumraon, after not getting his retiral dues even after issuance of sanction order by the competent authority, had approached this Court by filing the present writ petition in the year 2009 with a prayer to direct the Respondents to clear all the admitted dues. Learned counsel for the petitioner submits that the G.S.S. amount to the tune of Rs.71, 150/ was sanctioned vide Memo No.239 dated 08.08.2008 by the competent authority, the amount of G.P.F. 2 to the tune of Rs. 2,70,587 + Rs.54,377/- was sanctioned vide Memo No.384 dated 25.06.2008, but the same was not paid. Similarly, the gratuity as well as leave encashment was sanctioned, but not paid. In this case, a counter affidavit has been filed on behalf of the Respondent/Board and it has been indicated that the gratuity amount of Rs.3Lakhs has been paid to the petitioner vide cheque dated 20.10.2010, G.S.S. amount i.e. Rs. 71,150/- was paid to the petitioner vide cheque dated 10.08.2009, G.P.F. amount Rs.3, 24,964/- was paid vide cheque dated 10.08.2009 , leave encashment and over time dues have already been paid to the petitioner . Sri Binod Kumar, learned counsel appearing on behalf of the Respondent/Bihar State Electricity Board submits that the grievances of the petitioner have already been redressed. Sri Ajay Kumar, learned counsel for the petitioner in view of the statements made in the counter affidavit submits that at least the sanctioned amount, which was sanctioned long back and was paid at belated stage, has been admitted by the Board. However, interest has not been paid to the petitioner and, as such, the petitioner is entitled to get interest on delayed payment. On perusal of the writ petition as well as counter affidavit , it is evident that the G.S.S. amount i.e. Rs.71,150/- was sanctioned on 08.08.2008 and the same amount has been 3 paid vide cheque dated 10.08.2009 . Similarly, G.P.F. amount i.e. total amount of Rs.3,24,964/- , which was sanctioned on 25.06.2009 has been paid to the petitioner vide cheque dated 10.08.2009. The averment made in the counter affidavit makes it clear that the said amount, which was sanctioned earlier, has been paid at belated stage. Meaning thereby that on delayed payment, no interest was calculated and paid. Accordingly, Respondent nos. 3 and 4 i.e. the Secretary, Bihar State Electricity Board, Vidyut Bhawan, Patna and the General Manager-cum-Chief Engineer, Transmission Zone, Patna Punaichak, Bihar State Electricity Board,Patna are required to pay interest on the amount of G.S.S. as well as G.P.F. from the date of sanction till the date of issuance of cheque. Admissible statutory interest amount after calculation must be paid to the petitioner within a period of eight weeks from the date of receipt/production of a copy of this order. Since on record, there is no material to indicate as to on which date the gratuity amount was sanctioned or paid, the Court is not in a position to pass positive order for interest. However, the liberty is given to the petitioner to file a representation before the Respondent nos. 3 and 4 i.e. the Secretary, Bihar State Electricity Board,Patna and the General Manager-cum- Chief Engineer, Transmission Zone, Patna Punaichak, Patna claiming interest on delayed payment of gratuity. If such representation is filed by the petitioner within a period of six 4 weeks from today, Respondent nos.3 and 4 are required to examine the same and pass order in accordance with law within a period of two months from the date of filing of such representation. If the Respondents nos.3 and 4 considers the claim of the petitioner as genuine, they are required to pass order for payment of interest within the aforesaid time. Even in case of refusal, the Respondent nos. 3 and 4 are required to pass speaking order and communicate the same to the petitioner within two months from the date of filing of such representation. With above observation and direction, the writ petition stands disposed of. NKS/- ( Rakesh Kumar, J.)