IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13005 of 2007 Hira Lal Prasad, Son of Late Mukhi Sah, resident of At & P.O. Sirni Bazar, P.S. Malahi , District- East Champaran -------- Petitioner Versus 1. The State Of Bihar through Secretary, Energy Department, Bihar,Patna 2. The Chairman, Bihar State Electricity Board, Bidyut Bhawan, Bailey Road,Patna 3. The Secretary, Bihar State Electricity Board, Bailey Road,Patna 4. The General Manager-cum- Chief Engineer, Patna Electric Supply Undertaking,Patna 5. The Electrical Executive Engineer ( MRT), Patna Electric Supply Undertaking ,Patna 6. The Deputy Director of Accounts ( Headquarters), Bihar State Electricity Board, Patna 7. The Financial Controller, Bihar State Electricity Board, Bidyut Bhawan, Patna 8. The Electrical Superintending Engineer, Patna Electric Supply Undertaking (West) Circle,Patna --------------------- Respondents. ----------- 02 20-07-2011 Heard learned counsel for the petitioner , Sri Iqbal Ashif Neyazi, learned A.C. to Govt. Pleader no.4, who appears on behalf of Respondent no.1/ State and Sri Vijay Kumar Verma, learned counsel appearing on behalf of Respondent nos. 2 to 8/ Bihar State Electricity Board. The present writ petition was initially filed with a prayer to direct the Respondents to make payment of (a) an amount of Rs.3,58,108/- towards G.P.F., (b) 180 days leave encashment amounting to Rs.1,19,572/-, (c) an amount of Rs.3,15,076/- towards gratuity and (d) arrear of gratuity amounting to Rs.7000/- ( approx.) due to enhancement of Dearness Allowance with effect from January ( 6%). Despite the fact that the writ petition was filed in the year 2007, till date no counter affidavit has been filed. However, on instruction Sri Vijay Kumar Verma, learned counsel appearing on behalf of 2 Respondent/Bihar State Electricity Board submits that during the pendency of the present writ petition, all the grievances of the petitioner have already been redressed, but he is not sure as to whether the arrear of gratuity amount of Rs.7000/- , which has occurred due to enhancement of dearness allowance, has been paid or not. Learned counsel for the petitioner submits that it is true that the amount of G.P.F. and leave encashment has been paid during the pendency of the present writ petition, but payment was made at delayed stage and, as such, the petitioner is entitled to claim interest on delayed payment . In view of the fact that most of the grievances of the petitioner have already been redressed, there is no need to keep the matter further pending. Accordingly, the writ petition stands disposed of with a direction to the Respondents to take all steps for making payment of gratuity amount to the tune of Rs.7000/- due to enhancement of dearness allowance within a period of four weeks from the date of receipt/production of a copy of this order. So far as claim of interest on delayed payment is concerned, the Court is of the opinion that in absence of specific pleading it would be difficult for this Court to decide his claim of interest on delayed payment. However, liberty can be granted to the petitioner to file a detailed representation before Respondent no.4/ General Manager-cum- Chief Engineer, Patna Electric Supply Undertaking, Patna. If such representation is filed by the petitioner, Respondent no.4 is required to examine the same and pass appropriate order. In case Respondent no.4 considers the claim of the petitioner as genuine, he is required to pass order for payment within a period of four 3 months from the date of filing of such representation. It is made clear that on delayed payment of retiral dues, the petitioner is entitled to admissible statutory interest. The writ petition stands disposed of. NKS/- ( Rakesh Kumar, J. )