IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2397 of 2008 Rajeshwar Prasad , Son of Late Rekha Prasad, resident of village- Mansha Pandey Ke Bag, P.S.-Ara Town, District-Ara ( Bhojpur) -- Petitioner Versus 1. The Bihar State Electricity Board, through its Chairman, Vidyut Bhawan, Beli Road,Patna 2. Ceneral Manager-cum- Chief Engineer, Central Area Electrical Board,Patna 3. The Electrical Superintending Engineer, Electric Supply Circle, Ara, Bhojpur 4. Electrical Executive Engineer, Electric Supply Division, Ara 5. The Electrical Assistant Engineer, Electric Supply Sub Division, Ara Rural, Ara ------------------------ Respondents. ---------------------------------- 02 11-08-2011 Heard Sri Naresh Dass, learned counsel for the petitioner and Sri Shri Ganesh, learned counsel appearing on behalf of all the Respondents/Bihar State Electricity Board. The petitioner had retired with effect from 31.1.2007 as Sectional Clerk from Electric Supply Sub Division, Ara (Rural).The present writ petition was filed in the year 2008 with a prayer to direct the Respondents to pay all the retiral dues. In this case , a counter affidavit was filed on behalf of Respondents/Bihar State Electricity Board in the month of December, 2009 and in paragraph-4 of the counter affidavit , it was indicated that amount under the head of G.P.F., leave encashment, Group Saving Scheme and revised leave encashment was already paid. So far amount of gratuity is concerned, in the counter affidavit it was stated that the same was under process. Learned counsel for the Board, on instruction, submits that even amount of gratuity has already been paid to the petitioner. Learned counsel for the petitioner does not dispute the statement made by 2 learned counsel for the Board. However, it is submitted by Sri Naresh Dass, learned counsel for the petitioner that the payment was made at belated stage and, as such, the petitioner is entitled to claim interest on delayed payment. The Court is also of the opinion that the petitioner is entitled to get interest on delayed payment. However, in absence of specific pleading, it is difficult for this Court the record any specific finding. Since almost all the retiral dues of the petitioner have already been paid, there is no need to keep the matter further pending. The writ petition stands disposed of with liberty to the petitioner to file a detailed representation in respect of the claim of interest on delayed payment before the Respondent no.2/ General Manager-cum- Chief Engineer, Central Area Electrical 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 a period of four months from the date of filing of such representation. If Respondent no.2 considers the claim of the petitioner as genuine, he is required to pass order for payment within the aforesaid time. Even in case of refusal, Respondent no.2 is required to pass speaking order and communicate the same to the petitioner within a period of four months from the date of filing of such representation. With above observation and direction, the writ petition stands disposed of. NKS/- ( Rakesh Kumar, J.)