S.J.MUKHOPADHAYA, J. - (1.) WRIT petition (WP)(S) No. 1709 of 2002 was preferred by the petitioner for payment of retiral benefits and other dues. It was disposed of on 14th March, 2002 with direction to the respondents to decide and pay the admitted dues. The order of the Court having not complied, a contempt case being Cont. (Civil) Case No. 553 of 2002 was preferred by the petitioner. In the said case the Court, taking into account that certain amount was paid by Cheque dated 20th December, 2003, disposed of the contempt application vide order dated 6th January, 2004 without taking any action against the opposite parties. However, while disposing of the contempt, case, liberty was given to the Board to recover a sum of Rs. 7,966.60 paise which was paid to the petitioner by way of interest from the salary of opposite party No. 6.
(2.) IN the present application, the petitioner has sought for modification/ clarification of order dated 6th January, 2004 passed in Cont. (Civil) Case No. 553 of 2002. It is stated that although a further sum of Rs. 64,870.75 paise is due to petitioner on account of D.C.R. gratuity, as informed by the Financial Controller, Bihar State Electricity Board, Patna, vide Memo No. 131, dated 24th January, 2003, the respondents in their counter -affidavit filed in the Contempt Case made wrong statement that the Court 'sorder was complied. Counsel for the Board submitted that the aforesaid amount of Rs. 64,870.75 paise has been shown payable on the basis of the revised scale of pay as allowed to the employee. Part of the amount i.e., Rs. 48,652.50 is ready for payment vide Cheque No. 78533, dated 3rd February, 2005 which the petitioner can collect any day from the concerned Officer. The rest of the amount will be paid to the petitioner by way of last instalment.
(3.) HAVING head the counsel of the parties, I direct the concerned opposite party to pay the petitioner the amount of Rs. 48,652.50 for which a Cheque has already been prepared. If the petitioner approaches the concerned authority within fifteen days, they will hand over the Cheque or they will forward it to petitioner by Speed Post in his present or permanent address.;