IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15193 of 2006 Giribar Narayan Singh, Son of Late Sheetal Singh, resident of Village- Teghra, P.O. Belhi, Teghra, P.S. Simri Bakhtiyarpur, District- Saharsa ---------------------- Petitioner Versus 1. THE STATE OF BIHAR 2. The Secretary, Primary Health Department, Bihar,Patna 3. The Director, Ceneral Health Services, Bihar,Patna 4. The District Magistrate, Saharsa 5. The Civil Surgeon , Saharsa 6. The Incharge Medical Officer, Primary Health Centre, Office Mahisi, District-Saharsa --------------------------- Respondents. ----------- 02 03-05-2011 Heard Sri Ratan Kumar, learned counsel appearing on behalf of the petitioner and Sri Vikash Kumar Pankaj, learned A.C. to Govt. Pleader no.3, who appears on behalf of all the Respondents. The writ petitioner in the present writ petition has prayed for quashing of an order, contained in Memo No.845 dated 16.09.2006 ( Annexure-5 to the writ petition), whereby the claim of the petitioner for payment of interest on delayed payment of some of the retiral dues has been rejected. It appears that earlier the petitioner had approached this Court claiming his retiral dues, which was disposed of on 3.9.2004 vide C.W.J.C.No.686 of 2002, in view of stand taken in the counter affidavit filed on behalf of the State as well as statement made on behalf of the petitioner. It was submitted before this Court in C.W.J.C.No.686 of 2002 that grievance of the petitioner was already redressed except with respect to interest on delayed payment of pension and gratuity for which the petitioner was entitled as per Government Circular No. 2 3155 dated 7.11.1981. Accordingly, the writ petition was disposed of granting liberty to the petitioner to move before the authority concerned for payment of interest as per the aforementioned Government Circular. After disposal of the writ petition, it was submitted by the learned counsel for the petitioner, the petitioner filed representation, which was rejected vide Annexure-5 to the writ petition. In this case, a counter affidavit was also filed on behalf of Respondent no.6, Incharge Medical Officer, Primary Health Centre, Mahisi in the district of Saharsa. In the counter affidavit, a communication has been brought on record as Annexure-K, which indicates that the Incharge Medical Officer had requested the Government for sanctioning of Rs.1578 as interest on delayed payment. Learned counsel for the petitioner on the basis of Annexure-K to the counter affidavit and the statement made in the counter affidavit submits that even though the lesser amount of interest was fixed by the authority concerned, same has not been paid till date. Learned counsel for the State submits that from the counter affidavit, it is evident that the petitioner has not handed over the charge and, as such, he is not entitled to get amount of interest. After hearing the parties and considering the materials on record, the Court is of the opinion that the objection raised by learned counsel for the State on the ground of not handing over the 3 charge is not sustainable, in view of the fact that the dispute regarding retiral dues had already been settled long back in the year 2004 itself. This Court, while disposing of C.W.J.C.No.686 of 2002, had already granted liberty to the petitioner to approach the authority concerned for interest on delayed payment of retiral dues. Moreover, in the counter affidavit of Respondent no.6 once stand was taken for sending requisition for payment of interest amount, at this stage, Respondents cannot be allowed to deny the payment. Accordingly, the writ petition stands allowed directing the Respondents to make payment of interest in view of requisition( Annexure-K) sent by Respondent no.6 within a period of two months from the date of receipt/production of a copy of this order. The writ petition stands allowed. NKS/- ( Rakesh Kumar,J.)