BINAY KUMAR PORE Vs. JHARKHAND STATE ELECTRICITY BOARD
LAWS(JHAR)-2005-4-21
HIGH COURT OF JHARKHAND
Decided on April 28,2005

Binay Kumar Pore Appellant
VERSUS
JHARKHAND STATE ELECTRICITY BOARD Respondents

JUDGEMENT

S.J.MUKHOPADHAYA, J. - (1.) HEARD learned counsel for the petitioner, Jharkhand State Electricity Board, Ranchi (hereinafter to be referred as 'J.S.E.B.') and Bihar State Electricity Board, Patna (hereinafter to be referred as 'B.S.E.B.') and perused the show cause filed by the Chairman, Jharkhand State Electricity Board.
(2.) MR . Rajendra Krishna, learned counsel appearing for the JSEB, produced a copy of letter No. 2027, dated 27th April, 2005 issued by the Secretary, JSEB, Ranchi and handed over an account payee cheque dated 26th April, 2005 issued in the name of Binay Kumar Pore for a sum of Rs. 2,69,392.62 paise and handed it over to Mr. Prabhash Kumar, learned counsel for the petitioner for onward transmission. It is stated that the aforesaid amount has been paid towards revised gratuity (Rs. 1,99,877.38 paise) and commutation of pension (Rs. 69,515.24 paise). It is further informed that there is no further amount, payable by the JSEB to the petitioner. Mr. Prabhash Kumar, learned counsel for the petitioner submitted that the amount towards commutation of pension has been calculated from the date of unrevised pension, without taking into consideration that the revised pension has been allowed by JSEB in favour of the petitioner.
(3.) HAVING regard to the facts and circumstances, though there is a delay, this Court is not inclined to proceed further against the opposite party, he having complied with the order of this Court substantially. However, liberty is given to the petitioner to approach the competent authority, if the commutation of pension has been wrongly calculated on the basis of unrevised pension. In such a situation, the competent authority will look into the matter and pass appropriate order within two months from the date of receipt of representation, as may be made by the petitioner.;


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