IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.157 of 2011 Ashok Kumar Jha, S/o – late Ayodhya Jha, resident of village – Balia, P.O. – Tishi, P.S. – Benipatti, District – Madhubani. ---------- Petitioner-Appellant. Versus 1. The State of Bihar, through its Chief Secretary, Government of Bihar. 2. The Secretary, Department of Personnel and Administrative Reforms, Government of Bihar, Old Secretariat, Patna. 3. The Accountant General, Bihar, Patna. --------- Respondents-Respondents. ****** 04. 15.04.2011 Heard learned counsel for the appellant and learned counsel for the State. It appears that originally the employee, the father of the appellant joined service as Subordinate Deputy Collector in the State of Bihar in 1947 and was discharged from service on 16.07.1952. He succeeded in Title Suit and also in the First Appeal preferred by the State and as a result became entitled to receive the salary and reinstatement in service. He received the dues in Execution Proceeding in 1995. Some payment appears to have been made in 1983 also. It is not in dispute that the employee died in 1967 and his heir became entitled to death-cum-retiral benefits such as gratuity and family pension. The widow of the employee also expired on 16.07.1987. In the Writ Petition filed in the year 2005, the order under appeal has been passed on 2 19.05.2010 recording that the family pension has been sanctioned and death-cum-retiral gratuity has also been authorized for payment. The only remaining dues on account of the provident fund remains to be calculated and there is a direction of the writ court to expedite the process for its payment within three months along with statutory interest till the date of payment. The prayer in this Appeal is only for award of interest on account of delay in payment of dues of family pension and death-cum-retiral gratuity. Learned counsel for the State has submitted that the delay was primarily on account of failure to furnish the relevant details by the employee or his heirs and the first writ petition filed in the year 1993 was dismissed for want of some papers i.e. Succession Certificate, and the second writ petition filed in the year 2000 was dismissed for default. Hence, the appellant is not entitled for interest in writ jurisdiction. The order under appeal shows that the issues of interest was never raised or considered. This is not a usual case where interest can be awarded straightway on account of apparent delay. In such circumstances, the issue of interest needs 3 to be raised before the learned Writ Court. For that purpose, the appellant, if so advised, may file a Review Petition. If such a petition is filed within four weeks, the same may be considered and dispose of on merits. This Appeal is disposed of, accordingly. Rajeev/ (Shiva Kirti Singh, J.) ( Akhilesh Chandra, J.)