IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17345 of 2008 Satya Narain Prasad, son of Late Lal Bihari Sah, Resident of Village Lakshmipur, Ward No.10, P.S. Sheohar, District Sheohar. ... ... Petitioner. Versus 1. The State Of Bihar, through the Secretary, Energy Department. 2. Bihar State Electricity Board, Patna through its Chairman, Bailey Road, Patna. 3. Bihar State Electricity Board, Patna through its Secretary, Bailey Road, Patna. 4. General Manager cum Chief Engineer, Koshi Area Electricity Board, Saharsa. 5. Superintending Engineer, Electrical Circle, Muzaffarpur. 6. Electrical Executive Engineer, Electric Supply Division, Madhepura. 7. Electrical Executive Engineer, Electric Supply, Division, Supaul. 8. Electrical Executive Engineer, Electric Supply, Division, Birpur. ... ... Respondents. ---------------------------------- 4. 16.12.2011. Heard Shri Kamla Deo Sharma, learned counsel for the petitioner, Smt. Nutan Sahay, learned A.C. to S.C.1, who appears on behalf of respondent no.1/State and Shri Anil Kumar Tiwary, learned counsel appearing on behalf of respondent nos.2 to 8/Bihar State Electricity Board. The petitioner, who retired as Accounts Assistant from Electric Supply Division, Madhepura long back on 31.1.1998, after not getting his full retiral dues was constrained, to approach this Court by filing the present writ petition in the year 2008. Despite the fact that writ petition was filed in the year 2008 after serving copy of the writ petition on 2 learned counsel for all the respondents, the respondent/Board in the year 2011 has come out with a cryptic and vague counter affidavit. The petitioner had made a prayer to direct the respondents to pay pension and revised rates along with arrears, leave encashment, balance of G.P.F. and amount of T.A. along with interest as well as amount of gratuity. In the writ petition, specific statement has been made that the competent authority had issued sanction order for arrear of pension, but no reply has been given in the counter affidavit in respect of clearing the arrear of pension. Only statement in paragraph-4 of the counter affidavit has been made that a sum of Rs.1,58,961/- against G.P.F. and interest of Rs.19,687/- i.e. total amount of Rs.1,78,648/- was paid to the petitioner vide Cheque dated 16.12.2004. It has further been clarified that T.A. bill for the period 1991 to 1997 was paid to the petitioner and a sum of Rs.94,264/- against gratuity was paid to the petitioner vide Cheque dated 23.11.2009. Against revised gratuity, a sum of Rs.73,590.50 was paid vide Cheque dated 30.3.2009. Nothing has been stated 3 as to whether the amount of gratuity includes interest on delayed payment or not. In this case, a rejoinder to the counter affidavit has been filed, which makes it clear that till date arrear of pension, total amounting to Rs.1,49,203/- has not been paid, which was earlier sanctioned by the competent authority. Respondents have also not replied regarding the claim of encashment of earned leave for 180 days. Similarly, the petitioner in the writ petition had made specific claim in paragraph no.7 for clearing T.A. bills, no reply has been given by the respondents. Meaning thereby that respondents have admitted the claim. The total amount of T.A. bills as calculated in paragraph-6 of the rejoinder to the counter affidavit comes to Rs.36,182/-. The petitioner has also claimed interest on delayed payment of G.P.F. In view of the facts and circumstances, particularly non denial by the respondent/Board regarding the claim of arrear of pension amounting to Rs.1,49,203/- the respondents are directed to pay the aforesaid amount along with interest of 5% from the date of claim till date of payment. Regarding the claim of T.A. bills 4 i.e. total amount of Rs.36,182/-, the respondents are directed to pay the same along with 5% interest on delayed payment. The respondents are further directed to calculate statutory interest on the gratuity amount on delayed payment and pay the same. Regarding the claim of interest on the G.P.F., in absence of any specific pleading as to whether withdrawal form was submitted within time or not, it would be difficult to pass any positive order for interest. Accordingly, the writ petition stands allowed with a direction to pay aforesaid dues along with interest as indicated above within a period of two months from the date of receipt/production of a copy of this order. With above observation and direction, the writ petition stands disposed of. N.H./ ( Rakesh Kumar,J.)