CIVIL WRIT JURISDICTION CASE No.14370 OF 2001 In the matter of an application under Article 226 of the Constitution of India. ----- SAKHI CHAND MODI, son of late Pairu Modi, resident of Mohalla – West Rajiv Nagar, Road No. 24, P.O. Keshori Nagar, P.S. Digha, District – Patna ------------------ Petitioner Versus 1. BIHAR STATE ELECTRICITY BOARD through its Secretary Vidyut Bhawan, Jawaharlal Nehru Marg, Patna. 2. Chairman, Bihar State Electricity Board, Vidyut Bhawan, Jawaharlal Nehru Marg, Patna. 3. Financial Controller No.1, Bihar State Electricity Board, Vidyut Bhawan, Jawaharlal Nehru Marg, Patna. -------------------- Respondents For the Petitioner: Mr. SUBODH KUMAR JHA For the Respondents: Mr. Vinay Kirti Singh P R E S E N T THE HON'BLE MR. JUSTICE AJAY KUMAR TRIPATHI ******* A K Tripathi,J During the pendency of this writ application, learned counsel appearing on behalf of the petitioner submits that payment has accrued to the petitioner, therefore he has nothing to submit on the merit of the claim. He, however, asserts that petitioner is entitled to payment of interest for delayed payment on the retiral dues and the arrears of pay. 2. Learned counsel appearing on behalf of the Electricity Board however vehemently opposes the relief prayed for based on the provision contained in the Bihar Pension Rules; Appendix-VI read with a Division Bench judgment rendered in the case of Bihar State - 2 - Electricity Board and others vs. Ram Chandra Prasad No.3 and others, reported in 2004 (1) PLJR 149. 3. On examination of the judgment of the Division Bench and the provision, the stand taken by the respondents seems to be correct and therefore the Court finds itself bound by the said decision. No order with regard to the claim of interest can be passed in favour of the petitioner. 4. The writ application stands disposed of with the above observation. (Ajay Kumar Tripathi, J) Patna High Court: The 19th November, 2008. R K Pathak.