IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8058 of 2005 USHA DEVI W/o- Late Braj Nandan Jha, resident of village-Tamoriya, Police Station Lakhnour, District Madhubani. Versus 1. BIHAR STATE ELECTRICITY BOARD Vidyut Bhawan Baily Road, Patna represented through Respondent No.2 2. The Secretary, Bihar State Electricity Board, Vidyut Bhawan, Baily Road, Patna. 3. The General Manager-cum-Chief Manager, Mithila electric Supply Area, Darbhanga ----------- 4 01.04.2010 Mr. Medini Kant Jha, learned counsel for the petitioner and Mr. V.K. Verma, J.C. to Mr. Vinay Kirti Singh, learned counsel representing the Electricity Board are present. The petitioner is a widow of Late Braj Nandan Jha, who died in harness on 28.2.2003 while holding the post of Accounts Assistant in the respondent Bihar State Electricity Board. A counter affidavit was filed on behalf of the Board on 17.7.2009 enumerating the post retiral benefits paid to the petitioner but in so far as gratuity is concerned it was stated that the same would be sanctioned after receipt of service book etc. Thereafter a supplementary counter affidavit has been filed today and in which it is stated that an amount of Rs. 3,30,760/- has been paid to the petitioner towards the gratuity amount 2 admissible to her husband vide cheque dated 29.4.2008. Learned counsel for the petitioner submits that the husband of the petitioner having died in harness as back as on 28.2.2003. There is inexplicable delay in disbursement of the gratuity amount and for which he is entitled to claim interest. Having regard to the unexplained delay in payment of the gratuity of the employee who died in harness on 28.02.2003, I deem it fit to direct that the petitioner would be entitled for payment of interest at the rate of 5% on the gratuity amount calculated from the date of death of the employee i.e. 28.2.2003 until the date on which the payment was made i.e. 29.4.2008 and which should be paid to the petitioner within three months from the date of receipt/production of a copy of this order. The writ petition is disposed of. Bibhash (Jyoti Saran, J. )