IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10500 of 2005 LALMANI DEVI Versus THE STATE OF BIHAR & ORS ----------- For Petitioner : Mr. Vinod Kumar, Adv. For respondents : Mr. Shashi Shekhar Prasad Sinha, J.C. to G.P. IX. --------- 5 05.08.2008 A counter affidavit has been filed from which it appears that the G.P.F. of the petitioner for the period prior to 1976 as well as for the period after 1976 has been paid to her with interest. It is stated in the counter affidavit that differences of salary between 1.1.1971 to 31.3.1973 has also been paid to the petitioner with interest. Learned counsel for the petitioner does not dispute the payments. However, submits that proper calculation of interest has not been made and there has been delay in the payments, and therefore, the petitioner is entitled for payment of interest over the delayed payment. In this respect learned counsel for the petitioner has referred to a Government decision contained in G.O. No.F2- 4076/59-6334 F dated 5.5.1960 in which it has been laid down that the Head of the office has to fill up all the columns required and forward 2 the same to the concerned authorities for expeditious settlement of the claim of the beneficiaries of the deceased Government employee. However, the said Government decision does not prescribe any time limit for the same. Learned counsel for the petitioner does not raise any other claim against the respondents except for calculation mistake. In the circumstances, this writ application is disposed of with liberty to the petitioner to represent before the respondents along with details of calculation and point out the mistake in calculation made by them. If such a representation is filed within one month from today, the authority shall consider the calculation made by the petitioner and if they find their mistake in the calculation, they will make necessary amendments and calculate the amount which may become payable to the petitioner and pay the same within two months from the date of filing of the representation. So far as interest for delayed payment is concerned, since the Government decision does not lay down any specific time limit for settlement of the claim, this Court is unable 3 to award interest on delayed payment. However, petitioner will be at liberty to file suit for the same and shall bring on record the fact that delay was caused by the respondents in settling her claim which shall be decided in accordance with law. Arvind/ ( J. N. Singh, J.)