IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16734 of 2007 Nanhku Ram, Son of Late Hira Lal, R/o Village Parsanbigha, P.O. Top, P.S. – Sahjahanpur, District – Patna. ……….. Petitioner Versus 1. The Chairman Bihar State Electricity Board, Vidyut Bhawan Bailey Road, Patna. 2. The Secretary, B.S.E.B., Patna. 3. The Financial Controller, B.S.E.B., Patna. 4. The General Manager-cum-Chief Engineer Central Area Board Daroga Rai Path, Patna. 5. The Electrical Superintending Engineer, Electricity Board, Biharsharif, Nalanda. 6. The Electrical Executive Engineer, Ekangarsarai (Hilsa) Biharsharif, Nalanda. ………. Respondents ---------------------------------- 2 11/8/2011 Heard Sri Staya Ranjan Sinha, learned counsel for the petitioner and Sri Subhash Kishore Verma, learned counsel appearing on behalf of all the Respondents / Bihar State Electricity Board. The petitioner, who retired with effect from 31/3/2007 as ‘Un-skilled Khalasi’ from Sub-Divisional Office, Hilsa under the Bihar State Electricity Board, had filed the writ petition in the year 2007 with a prayer to direct the Respondents to clear all his retiral dues which includes pension. In this case, in the month of August, 2011, a counter affidavit on behalf of Respondent Nos. 1 to 6 has been filed wherein the Respondents have stated regarding clearance of claim of the petitioner. Such fact has been mentioned in paragraph no. 3 of the counter affidavit. Learned counsel for the petitioner submits that 2 counter affidavit does not indicate as to whether amount of pension has been paid or not. He further submits that as per counter affidavit itself it is evident that dues such as leave encashment, G.S.S., G.P.F. & Gratuity were paid at belated stage and as such petitioner is entitled to get interest on delayed payment. Court is also of the opinion that petitioner is entitled to get interest on delayed payment. However, in absence of any specific pleading it would not be appropriate for this court to record specific finding. Since most of the grievances of the petitioner have already been redressed, there is no need to further keep the matter pending. The writ petition stands disposed of. So far as claim of pension is concerned, if same has not been paid till date, Respondent No. 4/General Manager-cum- Chief Engineer, Central Area, Patna will take all steps to clear the dues of pension within a period of two months from the date of receipt/production of a copy of this order. In relation to claim of interest on delayed payment, the petitioner is granted liberty to file a detailed representation before Respondent No. 4 within a period of six weeks from today. If such representation is filed, Respondent No. 4 is required to examine the same and pass appropriate order in accordance with law within a period of four months from the date of filing of such representation. If Respondent No. 4 considers the claim of the petitioner regarding interest as 3 genuine, he is required to pass order for payment within aforesaid time. Even in case of refusal, Respondent No. 4 is required to pass a speaking order and communicate the same to the petitioner within four months from the date of filing of such representation. With above observation and direction the writ petition stands disposed of. Praful (Rakesh Kumar, J.)