IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1073 of 2009 Ram Ashray Pandey, Son of Late Bachcho Pandey, Mohalla – Bankipore Gorakh, P.O. and P.S. – Fatuha, District – Patna. -------- Petitioner Versus 1. The Chairman, Bihar State Electricity Board, Patna. 2. Secretary to Bihar State Electricity Board, Patna. 3. General Manager-cum-Chief Engineer, Transmission Zone, Patna. 4. The Electrical Superintending Engineer, Transmission Circle, Patna. 5. The Electric Executive Transmission Division, Patna. ------- Respondents ---------------------------------- 2 20.12.2011 Heard Sri Mani Madhukar, learned counsel for the petitioner and Sri Vinod Kumar, learned counsel for all the Respondents/Bihar State Electricity Board. The petitioner, who retired on 31.07.2006 as ‘Skilled Khalasi’ from Transmission Division, Patna, after not getting his entire retiral dues, approached this court by filing the present writ petition in the year 2009. In this case a counter affidavit has been filed on behalf of the Respondent/Board and it has been indicated that all the pre and post retiral dues of the petitioner have already been paid during the pendency of the writ petition and such fact has been stated in paragraph no. 4 of the counter affidavit. Learned counsel for the petitioner submits that it is true that pre and post retiral dues have already been paid during the pendency of the writ petition but fact remains that many of the amounts were paid at belated stage, for which, the petitioner was entitled to claim interest. It has been pointedly submitted that the petitioner retired on 31.07.2006. However, amount of gratuity has been paid vide 2 cheque dated 25.05.2009. Meaning thereby that almost about after three years payment of amount of gratuity has been made. Similarly, it has been indicated that other dues have also been paid at belated stage. So far as interest on amount of gratuity is concerned, the court is of the opinion that the petitioner is entitled to get the same. Accordingly, the Respondents, particularly, Respondent No. 2 /Secretary, Bihar State Electricity Board, Patna and Respondent No. 3 /General Manager-cum-Chief Engineer, Transmission Zone, Patna, respectively, are directed to calculate interest at the rate of 05% per annum from the date of retirement of the petitioner till the date of issuance of cheque in respect of gratuity amount i.e. 25.05.2009 and amount of interest on delayed payment of gratuity must be paid in favour of the petitioner within a period of eight weeks from the date of receipt/production of a copy of this order. Regarding claim of interest on other dues, the court is of the opinion that the petitioner can be granted liberty to file a representation before the Respondent No. 2 / Secretary, Bihar State Electricity Board, Patna. If such representation is filed within a period of six weeks from today, the Respondent No. 2 is required to examine the same and pass appropriate order in accordance with law within a period of two months from the date of filing of such representation. If the Respondent No. 2 considers the claim of the petitioner as genuine, he is required to pass order for payment within aforesaid time. Even in case of refusal, the Respondent No. 2 is required to pass a speaking order and communicate the same to the petitioner 3 within two months from the date of filing of such representation. In view of the fact that all the retiral dues have already been paid, there is no need to further keep the matter pending. With above observation and direction, the writ petition stands disposed of. Praful ( Rakesh Kumar, J.)