IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3192 of 2009 RAJENDRA PRASAD PODDAR S/O LATE GURUDEO PODDAR, RESIDENT OF VILL. AND P.O. - RAUNIA, P.S.- BARARI, DISTT.- KATIHAR ---Petitioner Versus 1. THE STATE OF BIHAR 2. THE BIHAR STATE ELECTRICITY BOARD THROUGH ITS CHAIRMAN NAMELY MR. K.A.H. SUBRAINAANYAM. VIDYUT BHAWAN, BAILEY ROAD, PATNA 3. MR. R.P. SRIVASTAVA, SECRETARY, BIHAR STATE ELECTRICITY BOARD, VIDYUT BHAWAN, BAILEY ROAD, PATNA - 1 4. MR. AKHILESHWAR PRASAD, FINANCIAL CONTROLLER, BIHAR STATE ELECTRICITY BOARD, VIDYUT BHAWAN, BAILEY ROAD, PATNA-1 5. MR. ARUN KUMAR PATHAK, GENERAL MANAGER CUM CHIEF ENGINEER, BIHAR STATE ELECTRICITY BOARD, ELECTRIC SUPPLY AREA BHAGALPUR, BHAGALPUR 6. MR. PRADEEP MAJI, DEPUTY DIRECTOR OF ACCOUNTS, B.S.E.B. ELECTTRIC SUPPLY, BHAGALPUR ---Opp. Parties ----------- 2. 27.4.2011 A show cause has been filed on behalf of opposite parties no.2 to 6. Heard learned counsel for the petitioner and the State. Mr. Vinay Kirti Singh, learned counsel appearing for the opposite party-Board submits that the petitioner had filed the writ application against the recovery of the amounts from his gratuity on account of the excess pay drawn by him while in service. However, in compliance of the orders of this Court, as contained in Annexure- 1 read with Annexure 3, the amounts have been refunded back as stated in paragraphs 4 and 5 of the show cause. It is further submitted that since the order has been complied with, this Court - 2 - need not proceed with this matter. Mr. Vivekanand Vivek, learned counsel appearing for the petitioner submits that although the amounts deducted have been refunded back as stated in the show cause, however, the petitioner is entitled to statutory interest, which has not been paid. Considering the rival submissions of the parties, since the order has been substantially complied with, in the opinion of this Court, the M.J.C. application need not proceed further. However, it goes without saying that if any statutory interest is admissible for payment, the same may be paid expeditiously in the light of the order of this Court. The M.J.C. application stands disposed of. PNM (Shailesh Kumar Sinha, J.)