IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6944 of 2008 Sidh Nath Singh, Son of Ugan Singh, Resident of Village – Orap Khurd, P.S. – Sikrollock, District – Buxar…………………. Petitioner Versus 1. The State Of Bihar 2. Accountant General (A.&E.) II, Bihar, Patna. 3. Senior Accounts Officer, in the office of Accountant General (A.&E.) II, Bihar, Patna. 4. District Education Officer, Bhojpur, Arrah. 5. Treasury Officer, Buxar. 6. Head Master, Saryu Bidya Mandir, Semrao Bhojpur, Arrah ---------------------------------- Respondents 2 23.09.2011 Heard Sri Dronacharya, learned counsel for the petitioner, Sri Ashok Kumar, learned AC to Standing Counsel No. 7, who appears on behalf of the Respondent Nos. 1, 4, 5 & 6 and Sri Ranjan Kumar, learned counsel appearing on behalf of the Respondent Nos. 2 & 3 /Accountant General (A.&E.) II, Bihar, Patna. 2. The present writ petition has been filed with a limited prayer to quash ‘Annexure-6’ to the writ petition and also to pay interest on delayed payment of pension and gratuity to the petitioner. 3. The petitioner had retired as ‘Assistant Teacher’ from Arrah on 31.08.1998. After retirement some recovery order was passed, and aggrieved with the said order the petitioner approached this court by filing a writ petition vide CWJC No. 2119 of 2000. The writ petition was allowed on 31.07.2003 and order for recovery was set aside and direction was issued for issuance of fresh authority. While allowing the writ petition this court also granted liberty to the petitioner to move the authority concerned for payment of interest on delayed payment. This court while disposing of the 2 writ petition, further observed, that in case the order is not complied with, the concerned authority shall be liable to pay a cost of Rs. 1,000/- from his own pocket to the petitioner and the petitioner was given liberty to file two (02) pages affidavit for revival and for taking appropriate action. Thereafter, the petitioner had filed representation along with the order of this court for calculating and granting interest. After much delay, the State authority issued sanction order for interest, and thereafter, the Respondent/Accountant General (A.&E.) II, Bihar, Patna issued authorization vide ‘Annexure – 6’ to the writ petition, in respect of the interest on delayed payment of pension as well as gratuity. 4. Learned counsel for the petitioner submits that there were huge amounts under the head of pension and gratuity and even then the authority concerned had erroneously calculated the interest and a very meagre amount of interest has been authorized. 5. Learned counsel for the petitioner submits that the interest was not calculated as per the claim of the petitioner, and as such, the Respondents can be directed to re-calculate the interest and make proper payment. 6. In this case, affidavits on behalf of the Respondent No. 5 /Treasury Officer, Buxar as well as the Respondent No. 2 / Accountant General (A.&E.) II, Bihar, Patna, have been filed. The Respondent No. 5 /Treasury Officer, Buxar, in its counter affidavit has asserted that the interest amount which was calculated had already been transmitted to the account (A/c) of the petitioner. 3 Similarly, Accountant General (A.&E.) II, Bihar, Patna has taken the plea that as per sanction order authorization has been issued. 7. In view of materials available on record, it is difficult for this court to issue any specific order in such disputed question of fact. Fact remains, that the payment of interest has already been made vide ‘Annexure – 6’ to the writ petition on delayed payment of pension as well as gratuity. While exercising writ jurisdiction it would not be appropriate for this court to delve into a disputed question of fact, and as such, I do not find any merit in the present writ petition. The writ petition stands dismissed. Praful ( Rakesh Kumar, J.)