IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2117 of 2006 KRISHNA KUMAR PANDEY Versus STATE OF BIHAR & ORS ----------- For the Petitioner : Mr. Rajiv Kumar Singh For the Respondents: Mr. Ranjan Kumar, J.C. to A.A.G.9 ------------ P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ------------ Dated, the 9th July, 2008. We perused the order dated 3.12.2001 passed in the writ petition (C.W.J.C. No. 12559 of 2001) and the order dated 15.12.2003 passed in M.J.C. No. 1030 of 2002. 2. In the order dated 15.12.2003 it has been noticed that that the entire amount of retiral dues has been paid to the petitioner and that interest due shall be paid to the petitioner shortly. 3. The grievance of the petitioner is that the interest on delayed payment of retiral dues has not been paid, though it was represented to the Court on 15.12.2003 that it would be paid shortly. 4. The respondents have filed their written show cause and in paragraphs 6,7,8 and 9 following statement has been made: “6. That it is stated that the Deptt. of Water Resources in compliance of the order of this Hon’ble Court sanctioned the statutory interest at the rate of 5% payable over group Insurance, Leave encashment, provisional gratuity and the amount which was withheld against gratuity from 1.12.2001 till the actual date of payment and 9% interest over and above the paid retrial benefit beyond 16.3.2000. The sanctioned letter was issued vide letter no. 9974 dated 13.12.2003 and its copy - 2 - was annexed as Annexure-1 in the show cause filed in M.J.C. No. 1030 of 2002. 7. That it is stated that the Executive Engineer, Irrigation Division No. 1, Laxmipur (Jamui) vide his Office order issued bearing letter no. 126 dated 31.1.04 ordered for payment of 5% statutory and 9% over and above amounting to Rs.24561.00 and the same was paid to the petitioner on 16.2.2004 vide Bank draft No. 084506 dated 5.2.04 after adjusting Rs.50.00 against the Bank draft charge. 8. That it is further stated that a sum of Rs.10965.00 was sanctioned on leave encashment as the 5% statutory interest and 9% over and above interest vide office order No. 127 dated 30.1.04 and the same was paid by Bank Draft No. 084505 dated 5.2.04 for Rs.10,935.00 adjusting Rs.30/- against B.D. charges which was received by the petitioner on 16.2.04 on the Acquittance Roll. 9. That it is stated that a sum of Rs.4381.00 was sanctioned on Group Insurance as 5% statutory interest and 9% over and above interest vide office order no. 128 dated 31.1.04 and was paid by Bank Draft no. 084504 dated 5.2.04 for Rs.4351.00 only, adjusting Rs.30.00 against the B.D. charges which was received by the petitioner on acquittance roll.” 5. Upon perusal thereof we are satisfied that there has been no deliberate disobedience on the part of the respondents with regard to payment of interest. The petitioner has been paid all his dues along with interest and nothing remains to be paid. 6. The M.J.C. is disposed of accordingly. R. M. Lodha, CJ Kishore K. Mandal, J AMIN/-