IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 5662 of 2007
Parwati Devi Petitioner
Versus
1. Bihar State Electricity Board through its Chairman, Patna
2. Dy. Director of Accounts, Bihar State Electricity Board, Patna
3. Jharkhand State Electricity Board through its Chairman, Ranchi
4. Electrical Superintending Engineer, Electric Supply Circle,
Jharkhand State Electricity Board, Daltonganj
5. Electrical Executive Engineer, Electric Supply Division,
Jharkhand State Electricity Board, Latehar
Respondents
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CORAM: The Hon'ble Mr. Justice D.G.R. Patnaik
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For the Petitioner: Mr. Rakesh Kumar, Advocate
For the Respondents: Mr. Manoj Tondonj and JC to SC-III
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3. 24.08.2009
The petitioner in this writ application, has prayed for a direction upon the
respondents to pay her interest on the delayed payment of gratuity which was
payable in the account of her deceased husband.
2. Heard learned counsel for the petitioner and learned counsel for the
respondents.
3. From the statements of the petitioner, it appears that her husband had died
after having served with the respondents on 10.12.1997. Thereafter, the petitioner
was expecting payment of the retiral benefits which was payable in the account of
her deceased husband. However, the amount of gratuity continued to remain unpaid
despite the repeated demands of the petitioner and ultimately, in the month of April
2006, the total gratuity amount of Rs. 1,27,902.,25 was paid to her, but no amount
of interest was paid on the delayed payment. The petitioner thereafter filed several
representations before the concerned authorities of the respondents, demanding
payment of statutory interest on the delayed payment of the gratuity, but the same
has not been considered as yet.
4. Though, no counter-affidavit has been filed, but the counsel for the
respondents submits that in the light of the facts that the petitioner’s deceased
husband was in the employment of the respondent Electricity Board and had died in
the year 1997 and yet, payment of gratuity could not be released till 2006, a
suitable direction may be issued to the concerned authorities of the respondents in
the matter of payment of interest on the delayed payment.
5. Considering the aforesaid facts and circumstances, the respondents are
directed to take an appropriate decision on the petitioner’s claim for interest on the
delayed payment of gratuity, if no decision has already been taken, and if the
petitioner is found entitled for payment of interest, then to assess the amount of
interest, calculated @9% per annum, from the date when the gratuity became
payable and till the final payment. The assessed amount shall be paid to the
petitioner within a period of two months from the date of receipt / production of a
copy of this order. If the assessed amount is not paid within the period stipulated,
then the respondent shall pay penal interest calculated @12% per annum on the
assessed amount from the date of this order, till final payment.
With these observations, this writ application is disposed of.
Let a copy of this order be given to the learned counsel for the respondents.
(D.G.R. Patnaik, J)
Ranjeet/