IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9709 of 2007 Ram Lakhan Choudhary s/o late Prabhu Choudhary, resident of Road No.4, Ram Nagar Hazaribagh, P.S. Hazaribagh, District – Hazaribagh ……………….. Petitioner Versus 1. The Hon'ble Patna High Court at Patna through its Registrar 2. Registrar General, Patna High Court, Patna 3. The State of Bihar through the Secretary, Personnel and Administrative Department, 4. The Secretary, Personnel and Administrative Department, 5. The District & Sessions Judge, Motihari (Administrative Capacity) 6. The Accountant General, Bihar, Patna .. Respondents ---- For the petitioner: Mr. Awanish Nandan Sinha, Advocate For the A.G. : Mr. Vivekanand Kumar, Advocate For the State : Mr. Anil Kumar, GP XI --- 6 12/8/2009 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Accountant General, Bihar. The petitioner retired on the post of Additional District Judge, Fast Track Court, Motihari on 31.3.2005. He was paid his retiral benefits except proceeds of gratuity and hence writ petitioner was compelled to file this writ petition in this court on 3.8.2007. Thereafter, the gratuity amount was sanctioned by the Accountant General on 16.8.2007 and has been subsequently paid to the petitioner. 2 The only issue being raised on behalf of the petitioner is whether petitioner was responsible in any manner for the unusual delay of about 2 & ½ years in payment of proceeds of gratuity to him. On behalf of the petitioner it was highlighted that the marriage advance taken by the petitioner had already been paid by him during his service tenure and the details were available with the authorities of the State of Bihar but, as appears from the supplementary counter affidavit filed on behalf of respondent no.6, Accountant General, Bihar, Patna, the Secretary of Personnel and Administrative Department sent necessary clarification regarding re-payment of marriage advance through a letter dated 9.8.2007 and vide that letter only sanction for payment of gratuity was conveyed to the Accountant General, Bihar, which was received in his office on 13.8.2007. After hearing the parties, we find that the office of the Accountant General, Bihar may not be responsible for the delay but the authorities of the State of Bihar were definitely careless in not forwarding the 3 necessary clarification and sanction for payment of gratuity within a reasonable period after the petitioner retired on 31.3.2005. In that view of the matter, we find that the petitioner is entitled to receive compensation by way of interest for the period of delay counting from 31.3.2005 till receipt of the gratuity money on 5.10.2007 and, therefore, we direct the respondent – State of Bihar and other concerned respondents to calculate interest at the permissible statutory rate of interest but at a rate not less than 5% per annum for the period of delay , that is , from the month of April, 2005 till the month of September, 2007 and pay the due amount of interest to the petitioner within a period of three months from today. The writ petition is allowed to that extent. Neyaz/ (Shiva Kirti Singh, ACJ.) (Anjana Prakash, J.)