IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4832 of 2008 UNION OF INDIA & ORS Versus LAITUN KHATOON & ANR ----------- For the Petitioners : Mr. Chittaranjan Sinha, Senior Advocate Mr. Parul Ranjan, Advocate. -------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Dr. Ravi Ranjan --------- Dated the 7th August, 2008. We heard the counsel for the petitioners. 2. That, a sum of Rs.3,15,000/- was payable to the legal heirs of the deceased employee Md. Hanif towards gratuity, provident fund and group insurance is not in dispute. That Md. Hanif died in harness on 11th March, 2002 as Section Engineer, N.F. Railway, Katihar, is also not in dispute. That the due payment of Rs.3,15,000/- was made somewhere in the year 2006 although it should have been made in the year 2002 is also not in dispute. That the present respondents (original applicants) are the only daughters of deceased Md. Hanif is admitted by the counsel for the petitioners. 3. In the backdrop of these facts, the submission that enquiry to find out the truth as to who were the legal heirs of Md. Hanif, took time and, therefore, due payment of Rs.3,15,000/- towards gratuity, provident fund and group insurance were paid belatedly is - 2 - hardly acceptable. 4. As a matter of fact, this litigation at the instance of Union of India and its functionaries was unnecessary and avoidable as the Tribunal awarded interest at the rate of 5% per annum only for the delayed payment if the same was made within three months from the date of receipt of a copy of the order. 5. Taking overall facts and circumstances of the case, we find no justifiable reason in entertaining the writ petition under high prerogative writ jurisdiction. 6. Writ petition is, accordingly, dismissed in limine. We observe that if the payment of interest has not been made so far and interest is now paid within one month from the date of production of a copy of this order, it shall be at the rate of 5% only. Order accordingly. R. M. Lodha, CJ Dr. Ravi Ranjan, J. Anil/