IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11361 of 2005 LALLAN PRASAD KUNWAR Versus THE BIHAR STATE ELECTRICITY BOARD & ORS. ----------- 3 23.04.2010 Mr. Umesh Kumar Mishra, learned counsel for petitioner and Mr. Binod Kumar, learned counsel for the Electricity Board are present. The writ petition was filed for payment of the post retiral benefits of the petitioner who superannuated from the post of Jeep driver with effect from 30.9.2004. The petitioner complains of non payment of his post retiral dues despite a lapse of almost one year of his retirement and which prompted to him to file the writ petition. It is after the filing of the writ petition that steps were taken for payment of the post retiral benefits of the petitioner and which have been set out in paragraph 4 of the counter affidavit filed on behalf of the Electricity Board. It is stated that the pension amount was paid by Cheque No. 109325 dated 7.3.2007 i.e. after a lapse of more than two and half years. Similarly, the gratuity amount was also paid vide cheque dated 7.2.2007 after a lapse of almost two and half 2 years, earned leave encashment was paid on 21.5.2006 belatedly and similar is the situation with the group savings scheme amount and the G.P.F. amount which was paid on 20.3.2006 i.e. after a lapse of one and half years. Learned counsel for the petitioner admits to the payment of the post retiral dues but submits that the petitioner is entitled for payment of the statutory interest in terms of the circulars of the Board. The relevant circular of the Board in so far as the pension and gratuity is concerned prescribes an interest of 5% and similar provisions for award of interest are there in relation to group savings scheme and G.P.F. amount. Having regard to the submissions made in the counter affidavit, this writ petition is disposed of with a liberty to the petitioner, if so advised, to raise his claim for interest in the light of the circulars governing payment of interest on belated payment of post retiral benefits and which shall be considered by the respondent No.2, the Secretary, Bihar State Electricity Board, Patna and who shall dispose of the same in accordance with law within a 3 period of three months from the date of receipt of such representation. Needless to add that if the petitioner has made out a case for payment of the interest in terms of the Circulars of the Board governing the issues he should be paid the amount within the period aforesaid. Bibhash ( Jyoti Saran, J.)