IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13259 of 2007 Gaya Shankar Tiwary, Son of Late Jagar Nath Tiwary, resident of New Bye Pass, Near Krishna Bhawan, P.S. Kankarbagh, District & Town-Patna ---------------------------- Petitioner Versus 1. Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna through its Chairman 2. The Chairman, Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna 3. The Secretary, Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna 4. The Member , Finance and Revenue, Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna 5. The Joint Secretary, Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna 6. The Finance Controller, Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna -------------------------- Respondents. ----------- 03 20-07-2011 Heard Sri Ambar Nath Banerjee , 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 31.01.2001 as Electrical Executive Engineer from Bihar State Electricity Board, has prayed for directing the Respondents to make payment of sanctioned amount of gratuity to the tune of Rs.1,58,984/-. Learned counsel for the petitioner has drawn my attention to Annexure-1 to the writ petition, whereby the competent authority has already sanctioned the amount of Rs.1, 58,984/- vide Memo 1369 dated 17.07.2001. The petitioner has also prayed for interest on delayed payment. Despite the fact that the writ petition was filed in the year 2007, till date no counter affidavit has been filed. After filing of the writ petition, on 19.12.2007 on the prayer made on behalf of the 2 Respondent/Board, the case was adjourned for six weeks for filing counter affidavit. Even after the judicial order, neither the Respondent/ Board has bothered to file any counter affidavit nor learned counsel for the Board could receive instruction in the matter. In view of the fact that the amount of revised gratuity has already been sanctioned long back in the year 2001, the Court is of the opinion that there is no need to keep the matter further pending. Accordingly, the writ petition stands allowed directing the Respondents to make payment of sanctioned amount i.e. Rs. 1, 58,984/- to the petitioner within a period of six weeks from the date of receipt/production of a copy of this order. Since the aforesaid amount was already sanctioned in the year 2001 by the authority concerned, the petitioner shall be entitled to get interest @ 5% per annum from the date of sanction till the date of payment. The writ petition stands allowed. NKS/- ( Rakesh Kumar, J. )