JUDGEMENT
S.J. Mukhopadhaya, J. -
(1.) COUNSEL for the petitioner is allowed to implead General Manager -cum -Chief -Engineer. Transmission Zone -1, Ranchi as respondent No. 6 to the writ petition.
Mr. Ajit Kumar accepts notice on his behalf.
This writ petition has been preferred by petitioner for direction on respondents to pay him the following retiral benefits and other dues : -
"(i) Sanction and payment of regular pension of the petitioner w.e.f 1.12.2001 with interest for delayed payment;
(ii) Sanction and payment of gratuity along with interest for delayed payment and additional compensation for withholding the amount of gratuity; (iii) Commutation of pension @ 40% of the regular pension;
(iv) Payment of arrear of salary on account of revised scale of pay from 1.4.1997 to 31.10.2000."
(2.) ACCORDING to petitioner; he was in the services of the Jharkhand State Electricity Board (hereinafter it shall be referred to as 'JSEB' for short) and retired on 31.11.2002 Jamshedpur but the aforesaid benefits have not been paid. Counsel for the JSEB submitted that the matter will be looked into and if any amount is found payable can be paid subject to payment of arrears on revision of pay which is to be paid as per the scheme.
(3.) HAVING heard counsel for the parties, as the matter requires determination by the respondents at first instance, the case is remitted to the General Manager -cum -Chief Engineer, Transmission Zone -I, Ranchi to determine and to decide the claim. If any amount is found payable the respondents will pay it to the petitioner within a period of three months from the date of receipt/production of a copy of this order falling which they will be liable to pay interest at the rate of 5 per cent on the admitted retiral benefits from the date the petitioner retired from the service. On the other hand, if the respondents reject the claim or part thereof will communicate the grounds to the petitioner.;
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