IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.603 of 2009 Sugandha Devi, wife of Late Viveka Nand Rajhansh, resident of Mohalla- Bijay Nagar, Police Station and District-Banka ------------------------------Petitioner Versus 1. The Bhagalpur Central Co-operative Bank Ltd. through its Managing Director, Bhagalpur 2. The Branch Manager, Bhagalpur Central Co-operative Bank Ltd. Bhagalpur 3. Establishment Assistant, Bhagalpur Central Co-operative Bank Ltd. Bhagalpur ----------------------- Respondents. ---------------------------------- 02 19-12-2011 Heard Sri Rajiv Ranjan Jha, learned counsel for the petitioner and Sri Rakesh Kumar, learned counsel appearing on behalf of all the Respondents/ Bhagalpur Central Co-operative Bank Ltd.,Bhagalpur. The petitioner’s husband, while functioning as Assistant Manager, Barahat Branch of Bhagalpur Central Co-operative Bank Ltd., Bhagalpur, died on 01.09.2004. Thereafter, the petitioner approached this Court due to non-payment of the amount under the head of Leave Encashment and G.S.S. by filing the present writ petition. In this case, no counter affidavit has been filed on behalf of the Respondent/Bank. However, learned counsel for the petitioner submits that during the pendency of the present writ petition, the amount under the head of leave encashment as well as G.S.S. has already been paid. It was submitted by learned counsel for the petitioner that the payment was made at belated stage and, as such, the petitioner was entitled to get interest on delayed payment. 2 So far as claim of interest is concerned, the Court is of the opinion that in case of delay in payment of the amount under the head of G.S.S., the petitioner is entitled to get interest. However, in absence of any specific pleading, it would be difficult for this Court to record specific finding on the issue of interest. In view of the fact that all the payment has been made, the writ petition can be disposed of granting liberty to the petitioner to approach Respondent no.1/ Managing Director, Bhagalpur Central Co-operative Bank Ltd, Bhagalpur by filing a representation in respect of the claim of interest on delayed payment. If such representation is filed by the petitioner in respect of claim of interest, the Respondent no.1 is required to pass appropriate order in accordance with law within a period of one month from the date of filing of such representation. If the Respondent no.1 considers the claim of the petitioner as genuine, he is required to pass order for payment of interest within the aforesaid time. Even in case of refusal, the Respondent no.1 is required to pass speaking order and communicate the same to the petitioner within a period of one month from the date of filing of such representation. With above observation and direction, the writ petition stands disposed of. NKS/- ( Rakesh Kumar, J.)