IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.245 of 2006 RAM NATH SINGH Versus STATE OF BIHAR & ORS ----------- For the Petitioner : Mr. Vijay Shankar Shrivastava, Advocate For the Respondents : Mrs. Nivedita Nirvikar, G.P. XVI ------ P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal -------- Dated, the 28th July, 2008. The writ petition filed by the petitioner came to be disposed of on 5th of April, 2005 by the following order – “Accordingly, the writ petition is allowed. The impugned memo dated 26th March, 2004 is quashed. All actions taken on the basis of the impugned memo dated 26th March, 2004 are also declared illegal. Let the gratuity amounting to Rs.1,30,067, for which an authority has already been issued, be paid to the petitioner within two days from the date of service of a copy of this order upon the respondent no. 4. In default of payment, the said amount will carry interest at the rate of 10% per annum. It goes without saying that in view of the rules prevalent in this state gratuity is a part of pension and Government of Bihar has directed that in case of delay in payment of pension 5% interest shall be payable and accordingly, after payment of the aforementioned sum payment on account of gratuity, the respondent no. 4 shall ensure payment of interest at the rate of 5% per annum on the said sum from the due thereof until the date of payment.” 2. Contempt petition has been taken out by the petitioner for the alleged non compliance of the order dated 5th April, 2005. 3. The opposite party no. 2 has shown his cause. In - 2 - paragraphs 3 and 4 the following statement has been made – “That at the outset it is stated that the matter relates to the payment of interest on gratuity. It is humbly submitted that as per the direction of the Hon’ble Court 5% interest on the gratuity i.e. amount to Rs.5,167 was paid to the petitioner but the calculation of interest was wrongly made from 1-4- 2004 rather the interest should have been counted from the date of the superannuation of the petitioner from 1.12.2002. Accordingly, a revised calculation of interest on gratuity on Rs.1,30,067 from 1.12.2002 to 15.4.2005 has been made and also the deducted amount of Rs.1,537 was taken note of and the interest thereupon was calculated from 1.12.2002 to 20.12.2005 which comes to Rs.10,538. That it would be relevant to state here that a bank draft bearing no. 237955 dated 23.7.2008 amount to Rs.10,538 has been prepared and the same has been received by the petitioner on 24.7.2008.” 4. The counsel for the petitioner does not dispute that the amount as noticed above has been received by the petitioner. However, he submits that payment of interest @ 5% as directed by the Single Judge remains due for the period from 20th December, 2005 to 24th July, 2008. 5. Annexure – E that has been annexed with the show – cause, shows that interest has been calculated for the period from 1st December, 2002 to 20th December, 2005. Thus, we find some merit in the contention of the petitioner that interest for the period from 21st December, 2005 until 23rd July, 2008, has not been calculated. 6. Although we do not intend to take any action against the opposite parties under the contempt jurisdiction, now since the payment has been made on 24th July, 2008 but we direct Opposite party nos. 2 and 4 that interest at the rate of 5% as directed by the - 3 - Single Judge on the due amount for the period 21st December, 2005 to 23rd July, 2008 shall be paid within four weeks from the date of receipt of this order. 7. M.J.C. stands disposed of accordingly. R. M. Lodha, CJ Kishore K. Mandal, J. Anil/