IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18266 of 2008 Suresh Ram, Son of Late Saryug Ram, resident of Village- Mohanchak, P.O. Akhtiarpur, P.S. Bikram, District-Patna ---------------------- Petitioner Versus 1. The Bihar State Electricity Board through its Chairman, Vidyut Bhawan, Patna ( hereinafter referred to as Electricity Board) 2. The Chairman, Bihar State Electricity Board, Vidyut Bhawan,Patna 3. The Secretary, Bihar State Electricity Board,Patna 4. The Joint Secretary, Bihar State Electricity Board, Vidyut Bhawan, Patna 5. The Finance Controller ( Accounts) Bihar State Electricity Board, Vidyut Bhawan, Patna 6. The General Manager-cum- Chief Engineer, Central Bihar Area, Electricity Board,Patna 7. The Deputy Director of Acounts, Central Bihar Area Electricity Board,Patna 8. The Electrical Executive Engineer, Electric Supply Division, Bihta ----------------------- Respondents. ---------------------------------- 02 13-12-2011 Heard Sri Ajay Kumar, learned counsel for the petitioner and Smt. Namrata Mishra, learned counsel appearing on behalf of all the Respondents. The petitioner, who retired on 30.09.2007 as Skilled Khalashi from the Office of Electric Supply Division, Bihta, had approached this Court by filing the present writ petition in the year 2008 with a prayer to direct the Respondents to pay all his retiral dues. In this case , a counter affidavit has been filed on behalf of the Respondent Board recently in February, 2011 and it has been indicated that the G.P.F. amount to the tune of 2 Rs.3,54,502/- and arrear of pension amounting to Rs.67,839/- have been paid vide cheque dated 31.1.2009. Similarly, G.S.S. amounting to Rs. 64,900/- , leave encashment amounting to Rs.90, 606 /- and gratuity to the tune of Rs.2, 49,167/- have been paid vide cheque dated 09.05.2009. The statement made in paragraph-3 of the counter affidavit does not indicate as to whether the aforesaid amount includes the amount of interest on delayed payment or not. Learned counsel for the petitioner submits that on delayed payment, the petitioner is entitled to get interest. The Court is also of the opinion that in case of delay in payment of retiral dues, the petitioner is entitled to get interest. However, in absence of any specific pleading, it would be difficult for this Court to record any positive finding. The Court is of the view that the writ petition can be disposed of granting liberty to the petitioner to file a detailed representation before the Respondent no.3/ Secretary, Bihar State Electricity Board,Patna regarding the claim of interest within a period of six weeks from today. If such representation is filed by the petitioner, the Respondent no.3 is required to examine the same and pass appropriate order in accordance with law within a period of two months from the date of filing of such representation. If the Respondent no.3 considers the claim of interest of the petitioner as genuine, he is required to pass order for payment within the aforesaid time. Even in case of refusal, the Respondent no.3 is required to pass speaking order and communicate the same to the petitioner 3 within two months from the date of filing of such representation. With above observation and direction, the writ petition stands disposed of. NKS/- ( Rakesh Kumar, J.)