IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16515 of 2004 SATYA NARAIN RAI Versus THE UNION OF INDIA & ORS ----------- 3 27.1.2009 Heard Mr. Nand Kumar Singh, counsel for the petitioner, Mr. Prashant Kashyap, counsel for the Union of India and Mr. S.C.1, counsel for the State of Bihar. It is an admitted fact that the father of the petitioner was paid pension from 1974 to October, 1978 and has again been paid his pension from 10.5.1995 to 13.11.2001 (till the date of death of the father of the petitioner). There seems to be also no justifiable reason in the counter affidavit as to why the petitioner should not be paid the arrears of pension for the period November, 1978 to 9.5.1995. The only explanation of the Respondents that since the father of the petitioner was residing at Kolkata and did not personally claim such payment of pension for a long period can also not be accepted specially when the spell of entitlement of the petitioner to receive payment of such pension was/is never in question. It may be that the petitioner on account of an explained delay in filing of this writ petition of 2004 for a cause of action of 1978 to 1995 may not be entitled for a payment of any interest but his original amount for the period on question will have to 2 be paid. That being so, this Court would direct the respondents to immediately calculate the admissible amount for the period November, 1978 to 9.5.1995 and pay the same to the petitioner. It is however made clear that since the petitioner was a person who was paid the amount for the period 10.5.1995 to 13.10.2001 after the death of his father, there would be also no difficultly in making payment of arrears of amount to the petitioner. Such payment, therefore must be calculated and paid to the petitioner within a period of six months from the date of receipt/production of a copy of this order failing which the amount in question will also bear the interest at the rate of 5% per annum from the date of its due to the date of its payment. With the aforesaid observations and directions this writ application is finally disposed of. Rsh (Mihir Kumar Jha, J.)