IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12869 of 2005 BHUBNESHWAR SHARMA Versus THE STATE OF BIHAR & ORS ----------- 3 05.05.2010 Learned counsel for the parties are present. The petitioner superannuated from the post of Peon (Anusevak) with effect from 31.12.2003 and came before this court for payment of his post retiral benefits set out in paragraph 6 of the writ petition. During the pendency of the proceedings, the retiral dues have been paid. By order dated 8.5.2008, the payment of gratuity and leave encashment has been paid. Learned counsel for the petitioner prays for award of interest on the belated payment. Taking into consideration that the petitioner superannuated on 31.12.2003 and the payment of gratuity and leave encashment has been made after five years, the petitioner would be entitled to an interest of 5% on the amount of gratuity and leave encashment to be calculated from the date of superannuation of the petitioner until the date of its actual 2 payment. The exercise should be completed within a period of three months from the date of receipt/production of a copy of this order. The writ petition is disposed of. Bibhash ( Jyoti Saran, J.)