IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2553 of 2006 GOWARDHAN PRASAD SINGH Versus THE STATE OF BIHAR & ORS ----------- 4 28.04.2010 Heard Mr. Girish Prasad Gupta, learned counsel for the petitioner and Mr. V.K. Verma, learned J.C. to Mr. Vinay Kirti Singh, learned counsel for the Electricity Board. The petitioner superannuated from the post of Assistant Electrical Engineer with effect from 31.5.2004 and upon non payment of some of his post retiral benefits he came before this Court through the present writ petition. A counter affidavit has been filed on behalf of the respondent Board setting out the details of payment made to the petitioner which is admitted by learned counsel for the petitioner but who submits that the payments have been made with considerable delay and for which the petitioner is entitled to interest on the belated payments. Mr. Gupta, learned counsel representing the petitioner raises issue of payment of interest on the leave encashment amount, on the arrears of pension amount and on the gratuity amount which have been paid to the petitioner after substantial delay. 2 From the records, I find that though the petitioner superannuated on 31.5.2004, the leave encashment amount was paid to him on 13.10.2009 i.e. more than five years of retirement, the arrears of pension amount for the period 1.9.2004 to 31.8.2007 was paid to him on 13.3.2008 i.e. about four years and the gratuity amount though sanctioned on 23.4.2010 i.e. after six years, is yet to be paid. In the circumstances, the petitioner has definitely made out a case for payment of the interest and which is admissible to him. The respondent Board would calculate the interest at the rate of 5% on the leave encashment amount paid on 13.10.2009, the arrears of pension amount paid on 13.3.2008 and the gratuity amount which is yet to be paid. The interest at the rate of 5% on the all aforesaid dues should be calculated from the date of superannuation of the petitioner on 31.5.2004 until the date of its respective payment and which together with the gratuity amount, if not already paid, should be made over to the petitioner within a period of three months from the date of receipt/production of a copy of this order. Bibhash ( Jyoti Saran, J.)