IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12726 of 2005 SMT.AMIRA DEVI W/O LATE DAYA NATH PATHAK, R/O MOHALLA- KAILASHPURI AT P.0-DUMRA COURT,PS-DUMRA DISTT- SITAMARHI-------------PETITIONER Versus 1. THE CHAIRMAN,B.S.E.B.BAILEY ROAD,PATNA 2. THE DIRECTOR OF ACCOUNTS,B.S.E.B,PATNA 3. THE GENERAL MANAGER-CUM-CHIEF ENGINEER, REGIONAL ELETRICITY BOARD, MUZAFFARPUR 4. THE ELECTRICAL SUPERINTENDING ENGINEER, ELECTRIC DIVISION, MUZAFFARPUR 5. THE ELECTRICAL EXECUTIVE ENGINEER, ELECTRIC SUPPLY DIVISION, SITAMARHI-----------RESPONDENTS ----------- For the Petitioner:-Mr. Barun Kumar Choudhary, Advocate For the Respondents:- Mr. Vinay Kriti Singh, Advocate Mr. Vijay Kumar Verma,Advocate ----------- 4 18.3.2009 Heard learned counsel for the parties. After due deliberation and exchange of counter affidavit the issue now boils down to the fact that the present petitioner has been paid the revised gratuity only on 31.1.2009 when the same was authorized some time in the year, 2001. Learned counsel for the petitioner submits that the petitioner is entitled for payment of interest at least statutory for the delayed payment on the gratuity amount. Learned counsel for the respondents Board submits that the reason for delay for release of this amount has been bifurcation of the State, the financial short fall and a decision rendered by the Court in favour of the Electricity Board to await the final division of the assets and liabilities. Their stand is that the delay is not deliberate and therefore no interest on delayed payment can be paid. But the respondents are not in a position to point out the rule under which the statutory interest cannot be paid to the - 2 - petitioner and in that view of the matter, this writ application is disposed of with a direction upon the Secretary, Bihar State Electricity Board that he shall examine the claim for payment of statutory interest to the petitioner on the gratuity amount and if the same is payable, he shall take steps for release of the same. If there is cogent reason for not granting of interest on the gratuity amount even though there has been delayed, a communication stating the reason must be forwarded to the petitioner within a period of three months from the date of communication or production of a copy of this order. This writ application stands disposed of with the above direction. RPS (Ajay Kumar Tripathi,J.)