IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10928 of 2005 RADHA CHANDRA DUBEY & ANR Versus THE STATE OF BIHAR & ORS ----------- 03/ 01.04.2010 Heard Mr. Manoj Kumar for the petitioner, Mr. Girijesh Kumar, assisting counsel to A.A.G. 3 and Mr. S.M. Ehtesham for the Accountant General. The petitioners are sons of late Murlidhar Dubey who superannuated from the post of Revenue Karamchari with effect from 30.6.1988 and expired in the year 1993. The wife of the deceased employee also expired on 10.10.2002. The admitted position is that the dues found admissible to the deceased employee was paid to him except G.P.F. amount and group insurance. It is in these circumstances that the sons of the deceased employee i.e. the present petitioners filed the writ petition for payment of the G.P.F. amount, leave encashment and group insurance amount together with salary for the period 1.10.1967 to 7.11.1968. By an order dated 7.8.2008 the respondents were directed to examine the claim of the petitioners and make payment thereof. Two sets of counter affidavit have been filed and in which it has been stated that the G.P.F. amount admissible to the deceased employee was paid to the petitioners on 12.12.2006 with admissible interest thereon calculated upto the date of payment and which calculation is present in the chart enclosed to the counter affidavit - 2 - filed on behalf of respondent no. 4. The amount of leave encashment and group insurance has also been paid to the present petitioners as is evident from paragraph-5 of the counter affidavit filed on behalf of respondent nos. 1 and 3 wherein they accept that an amount of Rs. 8,040/- towards leave encashment and Rs. 5,265/- towards group insurance was paid to the petitioners on 3.9.2008 i.e. after a lapse of almost 20 years from the date of retirement of the deceased employee late Murlidhar Dubey. In so far as the claim of salary for the period 1.10.1967 to 7.11.1968 is concerned, a reasoned order has been passed in the light of the direction given by this Court dated 7.8.2008. The reasoned order is placed at Annexure-C/1 to the counter affidavit of respondent nos. 1 and 3 and is dated 3.9.2008. It is stated that the father of the petitioner was on extraordinary leave for a period of four years, four months and seven days and which includes the period in question i.e.1.10.1967 to 7.11.1968 and as such he was not entitled to the salary for the aforesaid period. The situation as it stands that the entire dues found admissible to the deceased employee has been paid. Learned counsel for the petitioners prays for interest on the belated payment of the amount. I find that although the G.P.F. claim of the deceased employee has been paid to the petitioners with upto date interest, no explanation has been provided as to the reasons for belated disbursal of the leave encashment and group insurance amount. In that view of the matter, the writ petition is disposed of - 3 - with a liberty to the petitioners to raise their claim for interest on belated disbursement of group insurance and leave encashment of the deceased employee which was admittedly paid to the petitioners after 20 years and unless the delay is attributable to the petitioners, they would be entitled to an interest at the rate of 5 per cent from the date of superannuation of the father of the petitioners on 30.6.1988 until the payments were made on 3.9.2008. Needless to add that if the amount disbursed already includes element of statutory interest no further interest would be admissible to the petitioners. S.Sb/- (Jyoti Saran, J.)