IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2896 of 2007 MITHILESH KUMAR VERMA son of Late Shyamala Prasad, 25 Nandanpuri, Khajpura P.O. Bihar Veterinary College, Patna 14 at present a retired Assistant statistical Office, office of the Assistant Director Evaluation, Patna, Division Patna. Versus 1. THE STATE OF BIHAR through the Secretary Department of Planning and Development Bihar Old Secretariat, Patna 2. Director Statistics, Bihar, Patna 3. Assistant Director Evaluation, Patna Division, Patna ----------- 2 20.04.2009 Heard learned counsels for the petitioner and the State. The only grievance of the petitioner is with regard to payment of interest over the delayed payment of the retiral dues. Learned counsel for the respondent-State submits that the order of termination of the petitioner from the service was under consideration in a writ petition vide C.W.J.C. No. 743 of 2001 and this Court by interim order passed on 17.01.2001 stayed the order of termination and the petitioner on the basis of the interim order joined the services on 20th January, 2001. The said writ application was finally disposed of on 28th of June, 2004 with a direction to the respondents to pay the retiral dues to the petitioner in accordance with law, the retiral dues were paid in the year 2004 itself, and as such, interest was not payable. Learned counsel for the petitioner, on the other - 2 - hand, submits that it is the respondent who passed the order of termination which was not valid in law which ultimately compelled the petitioner to challenge the same in this Court which was ultimately was disposed of in his favour, and therefore, whatever caused the delay in payment of the retiral dues was totally on the part of the respondents. Considering the rival submissions of the parties, in absence of any material with regard to delay caused in making the payment, this Court can not give any finding with regard to delay. In the above circumstances, the petitioner is permitted to make representation before the respondent no.1 within a period of four weeks from today along with the certified copy of the present order. If such representation is filed by the petitioner, the respondent no.1 shall consider and dispose of the same by a reasoned order in accordance with law taking into consideration the grievances as raised in the representation expeditiously preferably within a period of four months on receipt of such representation. Upon such consideration, in case the representation is disposed of in favour of the petitioner the above respondent shall simultaneously issue necessary order(s) so that the grievances of the petitioner with regard to payment of interest could be redressed without delay in - 3 - the light of the order passed by him on such representation. The writ application is disposed of with the above observations/directions. Manish/- ( Shailesh Kumar Sinha,J.)