BACHA PRASAD SRIVASTAVA Vs. JHARKHAND STATE ELECTRICITY BOARD
LAWS(JHAR)-2005-6-77
HIGH COURT OF JHARKHAND
Decided on June 21,2005

Bacha Prasad Srivastava Appellant
VERSUS
JHARKHAND STATE ELECTRICITY BOARD Respondents

JUDGEMENT

S.J.MUKHOPADHAYA, J. - (1.) THIS application has been preferred by the petitioner for a direction on respondents to pay him the total retiral benefits including other dues to which he is entitled. According to the petitioner he was in the service of Bihar State Electricity Board (now Jharkhand State Electricity Board -J.S.E.B. in short) and retired from service on 31.5.2000. Before retirement he was functioning as Unit Control Engineer and was posted at Patratu Thermal Power Station, Hazaribagh. According to the petitioner he is entitled for the following benefits : (i) Arrears of pension consequent upon revised scale of pay since 1.6.2000 to 31.8.2001 effective from 1.4.1997 amounting to Rs. 30,000/ -(approximately) along with penal interest. (ii) Arrears of gratuity already sanctioned by the Bihar State Electricity Board, Patna consequent upon the aforesaid revised scale of pay which is Rs. 1,85,425.25 along with penal interest. (ii) Arrears of differences of amount of leave encashment in the revised scale of pay aforesaid amounting to Rs. 46,724,00/ - along with interest, (iii) Arrears of salary due to revision of scale of pay since 1.4.1997 till the date of retirement of the petitioner which amounts to Rs. 1,10,916.00 (as calculated by A.O. Patratu Thermal Power Station) along with the penal interest.
(2.) AS the matter requires determination firstly by the respondent, instead of deciding the case on merit or asking the respondent to file counter affidavit the case is remitted to the respondents for their decision. The petitioner will approach the General Manager, Patratu Thermal Power Station, Patratu, Hazaribagh with a copy to the Secretary, Jharkhand State Electricity Board, Jharkhand, Ranchi. The authorities in their turn will determine the claim of the petitioner and pay him the admitted dues, if found payable, within a period of three months from the date of representation so made, failing which the respondents will be liable to pay the interest @ 5% per annum on all the admitted retiral benefit from the date of retirement till the amount is paid. On the other hand if any one or other authorities disputes any claim or part thereof, he will communicate the ground(s) to the petitioner.
(3.) THIS writ petition stands disposed of with the aforesaid observations and directions. Petition disposed of.;


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