DAMODAR SINHA Vs. BIHAR STATE POWER HOLDING COMPANY LTD.
LAWS(PAT)-2021-2-38
HIGH COURT OF PATNA
Decided on February 11,2021

DAMODAR SINHA Appellant
VERSUS
Bihar State Power Holding Company Ltd. Respondents

JUDGEMENT

- (1.) Heard learned counsel for the petitioner and learned counsel representing the Bihar State Power Holding Company Limited (hereinafter referred to as the 'BSPHCL') and it's authorities (hereinafter referred to as the 'Respondents').
(2.) Petitioner in this case is seeking quashing of the order passed by Chairman-cum-Managing Director of the 'BSPHCL' by which he has rejected the representation of the petitioner and refused to release the gratuity and leave encashment of the petitioner. A writ in the nature of mandamus has also been sought for directing the respondents to release the gratuity and leave encashment amount in favour of the petitioner.
(3.) Learned counsel for the petitioner submits that during pendency of the writ application the gratuity amount has already been released, therefore the relief is now restricted to the entitlement of the petitioner as regards the leave encashment amount and pay ability of statutory interest for the delayed period of payment of gratuity. The grievance of the petitioner is that the respondents have not paid any interest for the delayed payment. The facts in brief are as under:- (1) The petitioner retired from service as Chief Engineer on 31.03.2004. While he was posted as Chief Engineer in the Dehri-on-Sone Electrical Circle, a First Information Report giving rise to Vigilance Case No. 02 of 2002 was instituted wherein several persons including the petitioner has been made accused. There was an allegation that one crusher owner was engaged in electricity theft and the employees of the erstwhile electricity board were made accused alleging that they had conspired with the said crusher owner. (2) After retirement when the petitioner was denied his retiral benefits he filed a petition bearing CWJC No. 8781/2008 which was disposed off with a direction to the competent authority to take a decision for release of the gratuity and leave encashment. It is in the light of the said order that the petitioner represented before the respondent authorities. The said representation has been rejected vide letter no. 554 dated 09.07.2015 (Annexure '3' to the writ application). ;


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