Order The grievance of the petitioner is that though he superannuated from the service long back on 1.12.1992 and his pensionary dues were paid only after five years some time in May, 1997, the respondents have not paid the interest as per the statutory provisions and the Government circular. It is thus submitted that the petitioner is entitled for interest as per the Government decision, contained in Memo No. P.C.-2-1-16/79/3155, dated 7.11.1981. The petitioner submitted representation claiming interest pursuant to the said Government decision, but the same has been rejected, vide Annexure 4. 2. A counter affidavit has been filed on behalf of the Commissioner-cum-Secretary, Department of Personnel and Administrative Reforms, Government of Bihar, Patna (respondent no. 2). In the said counter affidavit it is stated that the claim for interest over delayed payment of gratuity/pension is not justified as, according to the respondent, the application for sanctioning of pension/gratuity in prescribed proforma was not received from the petitioner till 8.8.1996. It is stated that after receipt of the application in proper proforma, the sanction order for payment of pension/gratuity was sent to the A.G., Bihar, vide Resident Commissioner's letter no. 655 dated 18.12.1996. 3. This Court fails to appreciate the aforementioned stand of the respondents for denying interest payable to a Government servant as per the aforementioned Government decision dated 7.11.1981. There is nothing mentioned in the said circular that the interest shall be payable only to such Government servants who filed their application soon after their retirement and no delay is caused by them. 4. Learned counsel for the petitioner, however, submitted that the petitioner filed his claim for grant of pensionary benefits on 23rd November, 1992 itself, in the prescribed proforma, which was forwarded by the Resident Commissioner to the Secretary, (Personnel) vide letter no.1238 dated 27th November, 1992, a photo copy of which was annexed as Annexure 2 in the earlier writ petition, bearing C.W.J.C. No. 6272 of 1996. 5. Thus, this Court finds that the aforementioned plea taken on behalf of the respondent no. 5. Thus, this Court finds that the aforementioned plea taken on behalf of the respondent no. 2 is wholly untenable, more so because in view of the Government decision, contained in Memo No. Pen-1032/67-8739 E, dated 13.7.1967, filing of formal application for pension was dispensed with in respect of Gazetted or Non-Gazetted Government servant and responsibility in that regard was fixed over the head of the office in the case of non- gazetted government servant and head of the department in respect of the gazetted government servant. The said provisions in the said circular is quoted hereunder :- "(1) under the existing pension rules every Government servant has to submit formal application. It has been decided that no formal application for pension is necessary in respect of gazetted or non-gazetted Government servant. But the Head of Office in the case of the non-gazetted Government servants shall draw up immediately after the retirement of Government servant an application in Form 4 of the Bihar Pension Rules and submit it to the Accountant-General, Bihar, with all necessary papers so that the Audit office can make a report on the third page of the form. (2) Under the existing rules pension papers in respect of gazetted Government servants are to be prepared by the Head of the Department concerned. It has now been decided that pension papers of gazetted Government servant should be prepared initially by the Accountant General. Arrangements will be made to ensure that these are prepared in time but unless it is heard to the contrary, the sanction of the administrative authority to the pension will be assumed after three months have elapsed from the date of reporting to them, or date of retirement whichever is earlier." As such, in my opinion, the petitioner was entitled for payment of interest on delayed payment of his pensionary benefits as per the aforementioned Government circular dated 7.11.1981. 6. Accordingly, this writ petition is allowed and the order, contained in Annexure 4, is quashed. The respondent no.2 is directed to get the amount of interest from due date till the payments have been made calculated in terms of the aforementioned Government circular and necessary sanction order be issued by him for payment of the same within two weeks of the receipt/production of a copy of this order.