IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.15476 of 2007 Sunil Kumar Verma aged about 61 years, Retired Office Superintendent, Barauni Thermal Power Station, Son of Late Lakshmeshwar Prasad, resident of At- Phulwari, P.O. Barauni, P.S. Teghra, District-Begusarai ----------------------- Petitioner Versus 1. The Bihar State Electricity Board, through its Secretary, Vidyut Bhawan, Bailey Road,Patna 2. The Financial Controller No.1, Bihar State Electricity Board, Vidyut Bhawan,Bailey Road,Patna 3. The General Manager-cum- Chief Engineer, Barauni Thermal Power Station, District-Begusarai 4. The Joint Secretary, Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna ---------------------- Respondents. ---------------------------------- 02 04-08-2011 Heard Sri R.K.Sinha, learned counsel for the petitioner and Sri Vijay Kumar Verma, learned counsel appearing on behalf of Respondent/Bihar State Electricity Board. The petitioner, who retired with effect from 31.12.2006 as Office Superintendent, Barauni Thermal Power Station, Begusarai under Bihar State Electricity Board had initially filed the writ petition with a prayer to direct the Respondents to pay all his retiral dues including balance 10 % pension, gratuity, G.P.F. and Leave Encashment. Despite the fact that writ petition was filed in the year 2007, till date no counter affidavit has been filed. In this case, a supplementary affidavit has also been filed on behalf of the petitioner. It was submitted by learned counsel for the petitioner that during the pendency of the present writ petition, all the retiral dues of the petitioner have already been paid. By filing supplementary affidavit, the petitioner has claimed interest on delayed payment of 2 gratuity and G.P.F. It was submitted by learned counsel for the petitioner that gratuity amount was paid to the petitioner in the month of September, 2009 and similarly the amount under the head of G.P.F. was paid in the month of January, 2008. Learned counsel for the petitioner has drawn my attention to Annexure-5 to the petition, which is a Government Resolution of the year 1981. It was submitted that even in view of resolution, the Respondent Board was required to pay interest @ 5 % per annum on delayed payment of retiral dues. It has been specifically submitted that the gratuity amount, which was paid in the year 2009, was without any interest. The Court is of the opinion that on delayed payment of retiral dues, the petitioner is entitled to get interest. So far interest on delayed payment of gratuity is concerned, the Respondent Board is directed to calculate the interest from the date of retirement of the petitioner till the date of authorization @ 5 % per annum and pay the same to the petitioner within a period of two months from the date of receipt /production of a copy of this order. So far interest on G.P.F. amount is concerned, in absence of any specific pleading as to on which date withdrawal form was submitted, it is difficult for this Court to record definite finding. However, liberty is granted to the petitioner to file a detailed representation before Respondent no.3/ the General Manager-cum- Chief Engineer, Barauni Thermal Power Station, District-Begusarai. If such representation is filed by the petitioner, Respondent no.3 is required to examine and pass appropriate order in accordance with law within a period of three months from the date of filing of such representation. If Respondent no.3 considers 3 the claim of the petitioner as genuine, he is required to pass order for payment of interest within the aforesaid time. With above observation and direction, the writ petition stands disposed of. NKS/- ( Rakesh Kumar, J.)