IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17780 of 2008 Nand Lal Mahto S/O Late Budhan Mahto R/o Village- Nerut, P.S. Sare, district- Nalanda, at present resides near Alama Eqwal College- behind Devi Sthan, Rampur Baiganabadh, P.S. Biharsharif, District-Nalanda ---------- Petitioner Versus 1. The State Of Bihar through the Chief Secretary, Govt. of Bihar, Patna 2. The Bihar State Electricity Board through Secretary, Bidyut Bhawan,Patna 3. The Electricity Executive Engineer, Electric Supply Division, Biharsharif, Nalanda 4. The District Magistrate, Nalanda at Biharsharif 5. The District Provident Fund Officer, Nalanda at Biharsharif ---------------------------------------- Respondents. ---------------------------------- 02 08-12-2011 Heard learned counsel for the petitioner, Sri Md. Irshad, learned A.C. to Standing Counsel no.13, who appears on behalf of Respondent nos.1, 4 and 5/ State and Smt. Namrata Mishra, learned counsel appearing on behalf of Respondent nos. 2 and 3. The present writ petition was filed in the year 2008 with a prayer to direct the Respondents to make payment of amount of G.P.F., leave encashment and gratuity. The petitioner retired on 31.10.2007 from the office of Electrical Executive Engineer, Electric Supply Subdivision, Biharsharif ( Nalanda). In this case, a counter affidavit has been filed indicating therein that G.P.F. amount was paid vide cheque dated 24.04.2009, gratuity amount vide cheque dated 28.05.2009 and amount of Leave encashment was paid vide cheque dated 25.07.2009. G.S.S. amount was paid prior to filing of the writ petition. In this case no rejoinder to the counter affidavit has been filed nor the Respondent Board has stated in its 2 counter affidavit whether the amount of G.P.F. and gratuity includes statutory interest or not. Since the payment of G.P.F., gratuity and leave encashment, as claimed by the petitioner, has already been made, there is no need to keep the matter further pending. The writ petition stands disposed of. However, liberty is granted to the petitioner regarding the claim of interest on delayed payment by filing representation before Respondent no.2/ Secretary, Bihar State Electricity Board, Patna within a period of six weeks from today. If such representation is filed by the petitioner, the Respondent no.2 is required to examine the same and pass appropriate order in accordance with law within one month from the date of filing of such representation. If the Respondent no.2 considers the claim of the petitioner regarding interest as genuine, he is required to pass order for payment within the aforesaid time. Even in case of refusal, the Respondent no.2 is required to pass a speaking order and communicate the same to the petitioner within 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.)