IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11154 of 2005 RAM SEWAK RAI son of late Palat Rai, resident of village-Bhagalpur Jasua, Police Station Ujiarpur, District- Samastipur Versus 1. BIHAR STATE ELECTRICITY BOARD through its Chairman, Vidyut Bhawan, Bailey Road, Patna. 2. Chairman, Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna. 3. Financial Controller-I, Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna 4. General Manager cum Chief Executive Engineer Mithila Electric Supply Area, Darbhanga. 5. Electrical Executive Engineer, Electric Supply Division, District Samastipur. 6. Electrical Executive Engineer, Electric Supply Division, Samastipur. ----------- 2 05.04.2010 Mr. Sourendra Pandey, 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 services of the Board with effect from 31.12.2004 and the pension arrears were paid to him vide cheque dated 12.6.2007 and 5.6.2007 i.e. after a lapse of almost two and half years. Even the gratuity amount was paid to him after lapse of more than two and half years on 31.8.2007. Learned counsel for the petitioner submits that in view of the stipulation made in 2 the Board Circular contained in memo no 3044 dated 19.8.2000 (Annexure-4) he is entitled for interest on belated payment on his pension and gratuity at the rate of 5% per annum. Having regard to the stipulations contained in the Board’s Circular dated 19.8.2000 (Annexure-4), providing 5% interest per annum on belated payment of pension and gratuity and the fact that indisputably the pension and gratuity amount(s) were disbursed in June 2007 and August 2007 respectively, this writ petition is disposed of with the direction to the respondent authorities of the Board to calculate the interest admissible on the pension & gratuity amount(s) of the petitioner calculated from the date of his retirement on 31.12.2004 until the respective date(s) of payment of arrears of pension and gratuity amount in terms of the stipulations made in Annexure-4 and make payment thereof within a period of three months from the date of receipt/production of a copy of this order. Bibhash (Jyoti Saran, J. )