IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6923 of 2005 1. A. SANJUKTA DEVI 2. B. Arbind Kumar Tripathi, 1. C. Rakesh Kumar Rupesh 1. D. Santosh Kumar Suman 1. E. Prem Lata Sushama Deo 1. F. Swarn Lata ‘Aruna’ Versus 1. THE STATE OF BIHAR 2. Commissioner-cum-Secretary, Finance, Government of Bihar, Patna. 3. Accountant General, Bihar, Patna. 4. Commissioner-cum-Secretary, Road Construction Department, Government of Bihar, Patna. 5. Director, Provident Fund, Provident Fund Directorate, Patna. --------- 7 21.04.2010 Heard Mr. Jitendra Kumar Pandey, learned counsel for the petitioner, Mr. R.K. Sinha, learned A.C. to S.C.8 for the State and Ms. Anita Sinha, learned counsel for the Accountant General. The petitioner superannuated from the post of Section Officer with effect from 31.1.1998 and had filed the writ petition for payment of his post retiral benefits. Admitted position is that the entire post retiral dues found admissible to the petitioner has since been paid to him. Mr. Pandey, learned counsel appearing on behalf of the petitioner however, submits that the gratuity claim of the petitioner having - 2 - been sanctioned after an unexplained delay of six years, the petitioner is entitled for statutory interest in terms of the Circular of the State Government. He further submits that there are certain miscalculations in the GPF amount and for which he may be granted liberty to represent the same together with supportive details before the respondent No.5, the Director, Provident Fund, Provident Fund Directorate, Patna. It is seen from Annexure-A to the counter affidavit filed on behalf of the respondent No.4, Secretary, that the gratuity of the petitioner was sanctioned vide memo No. 3739 (s) dated 29.5.2004 i.e. after a lapse of six years and no explanation has been provided for the reason of the said delay. Having regard to the circumstances, aforesaid where the entire admissible dues of the petitioner has since been paid during the pendency of the proceeding except the claim aforesaid, the writ petition is disposed of with the direction to the respondents to calculate the interest on the gratuity amount of the petitioner in terms of the departmental - 3 - Circular contained in memo No. PC2-1-46/79/3155 dated 7.11.1981 prescribing for payment of interest at the rate of 5% on the belated disbursal of pension and gratuity. The petitioner would be entitled for interest at the statutory rate aforesaid to be calculated with effect from 31.1.1998 being the date of retirement of the petitioner until the date of payment of the gratuity amount to the petitioner. In so far as the grievance of miscalculation of the amount of provident fund is concerned, the petitioner if so advised may raise his claim before the respondent No.5, Director, Provident Fund, Provident Fund Directorate, Patna with supportive and calculative details and who shall examine the same and dispose it of within a period of three months from the date of receipt of any such claim. Bibhash (Jyoti Saran, J.)