IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3308 of 2006 SURYA BANSH PANDEY Versus THE BIHAR STATE ELECTRICITY BOARD AND OTHERS. ----------- 2. 19.4.2010. Heard Mr. Ajey Kumar learned counsel for the petitioner and Mr. Vijay Kumar Verma, learned Junior Counsel to Mr. Dharmeshwar Mishra, learned counsel representing the Board. The petitioner superannuated from the post of Bill Clerk with effect from 30.6.2003 and filed the writ petition for payment of his gratuity amount which has yet not been paid to him. A counter affidavit has been filed on behalf of the Board and in para-6 thereof, it is stated that though the service book of the petitioner contains entry of passing the Hindi Noting and Drafting Examination communicated vide letter no.207 dated 20.2.1984 of the Pramandaliya Raj Bhasha Anudeshak, Patna Division, Patna but there is no mention of the date of examination. Despite certification under the letter of the Instructor of Raj Bhasha Division aforesaid, the respondents, on pretext of non-mention of the date of examination of the Hindi Noting and Drafting Examination, have sat over the gratuity claim of the petitioner and have delayed the 2 payment thereof. That no show cause or hearing was granted to the petitioner before taking the impugned action further renders the same arbitrary. It is next stated by the respondents that as there was no clear confirmation regarding the date of holding of the Hindi Noting and Drafting examination, the Board was precluded from making payment of the gratuity amount of the petitioner and which shall be paid to him no sooner the petitioner produces the relevant documents in support of the passing of the said examination. Learned counsel for the petitioner submits that the very certification of the Pramandaliya Raj Bhasha Anudeshak as mentioned in the service book, is a due certification of passing of the said examination by the petitioner and that the respondent authorities of the Board are unnecessarily creating impediment in the payment of the gratuity of the petitioner. I am in full conformity with the contentions advanced on behalf of the petitioner that the authorities of the Board have acted wholly arbitrarily in withholding the gratuity amount of the petitioner without valid and supportive reasons and also without drawing any 3 proceedings or giving opportunity to the petitioner to defend himself. Having held as such and taking into consideration the communication of the Pramandaliya Raj Bhasha Anudeshak, Patna Division, Patna dated 20.2.1984 as referred to in paragraph 6 of the counter affidavit, the writ petition is disposed of with a direction to the respondent no.3, the Secretary, Bihar State Electricity Board to forthwith release the gratuity amount of the petitioner without any delay and preferably within a period of three months from the date of receipt/production of a copy of this order which should also be accompanied with interest at the rate of 5% per annum in the light of the circulars of the Board contained in letter dated 19.8.2000 to be calculated from the date of superannuation of the petitioner on 30.6.2003 until the date of its payment. ahk (Jyoti Saran, J.)