IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2453 of 2009 PITAMBER JHA, SON OF LATE BASUKI NATH JHA, RESIDENT OF MOHALLA- BALKRISHNA NAGAR (SURKHIKALA), P.S. BHAGALPUR, DISTRICT-BHAGALPUR Versus 1. THE STATE OF BIHAR. 2. SECRETARY, PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT, GOVT. OF BIHAR, PATNA. 3. DEPUTY SECRETARY TO THE GOVT. PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT, GOVT. OF BIHAR, PATNA. 4. ACCOUNTANT GENERAL, BIHAR, BIRCHAND DPATEL MARG, PATNA. ----------- 5 29.10.2010 Heard learned counsel for the petitioner, State as also the Accountant General. A supplementary counter affidavit has been filed on behalf of the State in which it has been stated that payment of gratuity and leave encashment have been sanctioned. Learned counsel for the petitioner submits that while sanctioning the aforesaid payment of gratuity, the authority ought to have considered the payment of interest over the gratuity amount at the rate of 5% in terms of the Government decision as contained in Memo No. P.C.-2-1-16/79/3155, dated 7.11.1981 as contained in Annexure-3. Learned counsel for the State submits that the payment of 10% of the pension has been withheld on account of the pendency of the departmental proceedings. It is excepted that the final decision shall be taken without delay Considering the above, the writ application stands disposed of with an observation that petitioner will be at liberty to 2 bring it to the notice of the concerned authority with regard to above Government decision for the payment of interest which may be considered and the appropriate order be issued after considering the request of the petitioner for payment of gratuity in accordance with law. The writ application stands disposed of with the above observations/directions. Amrendra (Shailesh Kumar Sinha, J.)