IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12091 of 2008 Khenharu Roy, Son of Late Ramavatar Roy of Village- Kumhara Vishunpur, P.S. Dumra, District-Sitamarhi ---------------------------Petitioner Versus 1. The State Of Bihar through Secretary, Energy Department, Govt. of Bihar, Patna 2. The Chairman, Bihar State Electricity Board, Govt. of Bihar, Patna 3. The Secretary, Bihar State Electricity Board,Patna 4. The Deputy Director of Accounts, Bihar State Electricity Board, Patna 5. The Executive Engineer ( Electrical) Electric Division, Sitamarhi 6. The Accounts Officer, Electric Supply Circle, Muzaffarpur -------------------------- Respondents. ---------------------------------- 02 14-11-2011 Heard Sri Nirmal Kumar Sinha, learned counsel for the petitioner, Sri Ranjan Kumar, learned A.C. to A.A.G. 13, who appears on behalf of the Respondent/State of Bihar and Sri Ratan Prasad Sinha, learned counsel appearing on behalf of Respondent/Bihar State Electricity Board. The petitioner, who retired on 31.10.2007 had filed the present writ petition in the year 2008 with a prayer to direct the Respondents to pay the sanctioned amount of gratuity to the tune of Rs.2, 49,167/- and also for payment of leave encashment. The gratuity amount was sanctioned in the year 2008. In this case, a counter affidavit has been filed on behalf of Respondent/Bihar State Electricity Board on 22.09.2011. Learned counsel for the Board submits that during the pendency of the present writ petition, all the grievances of the petitioner have already been redressed, which is evident from the statement made in 2 paragraph-5 of the counter affidavit. It was submitted that from the sanctioned amount of gratuity to the tune of Rs. 2,49,167.00 , amount of Rs.3310/- was recovered due to the excess payment and rest amount of Rs.2,45,857/- was paid vide cheque dated 26.02.2009 and sanctioned amount of leave encashment to the tune of Rs.90,103/- has also been paid to the petitioner vide cheque dated 26.02.2009. Learned counsel for the petitioner submits that it is true that the aforesaid amount has been paid, but the Respondent Board has not calculated and paid interest on delayed payment. Accordingly, the Court is of the opinion that once the gratuity was sanctioned and thereafter the delay has occurred in payment, the petitioner is entitled to claim interest on delayed payment of the gratuity amount. Accordingly, the Respondent no.3/ Secretary, Bihar State Electricity Board, Patna is directed to calculate and pay the interest @ 5 % per annum from the date of sanction of gratuity amount till the date of payment. The interest on delayed payment of gratuity must be made within a period of three months from the date of receipt/production of a copy of this order. With the above observation and direction, the writ petition stands disposed of. NKS/- ( Rakesh Kumar, J.)