IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11305 of 2005 RAJESHWAR PRASAD GUPTA son of late Pyare lal Gupta, resident of Mohalla Lal Bazar, P.S. Bettiah Town district West Champaran Versus 1. THE BIHAR STATE ELEC.BOARD through its Chairman Bailey Road, Patna. 2. Manager cum Chief Engineer, Tirhut Area Vidhyut Board Muzaffarpur. 3. Executive Engineer, Electricity Supply Division Bettiah District West Champaran ----------- 2 07.04.2010 Heard Mr. Syed Arshad Alam, learned counsel appearing on behalf of the petitioner and Mr. V.K. Verma, learned J.C. to Mr. Vinay Kirti Singh, learned counsel representing the Electricity Board. The petitioner superannuated from the post of electrician with effect from 31.5.2002 and came before this Court for payment of his post retiral benefits. Admitted position is that the group savings scheme amount and the general provident fund amount were paid to the petitioner. A counter affidavit has been filed on behalf of the Electricity Board and in paragraph 3 thereof it is stated that the gratuity amount was paid to the petitioner vide cheque No. 344527 dated 27.10.2005 i.e. 2 after more than three years from the date of retirement of the petitioner on 31.5.2002 and the pension amount was paid to him vide cheque No. 348221 dated 2.2.2006 i.e. almost after four years of his retirement. Even the leave encashment amount was paid to the petitioner after a lapse of more than four years on 20.12.2006. Learned counsel for the petitioner submits that there is an unexplained delay in payment of the aforesaid amounts and for which the petitioner is entitled for admissible statutory interest. Having regard to the relevant circular of the Board relating to the payment of interest on belated disbursal of pension and gratuity amount as contained in the letter no. 3044 dated 19.8.2000 of the Secretary prescribing 5% interest on belated payment of pension and gratuity, the submissions of the learned counsel merits consideration. This writ petition is disposed of with the direction to the authorities of the Board to provide interest at the rate of 5% on the pension and gratuity amount of the petitioner to be calculated from the date of his 3 superannuation on 31.5.2002 until the date of the respective payment(s) and which should be provided 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. )