S.J.MUKHOPADHAYA, J. - (1.) THE petitioner was in the services of the erstwhile Bihar State Electricity Board (hereinafter to be referred 'B.S.E.B.) and retired on 30th September 1999 from the post of Controller, Patratu Thermal Power Station, Patratu. He having not been paid total retiral benefits has preferred the writ petition praying for payment of retiral benefits and has made the following statements: (i) Gratuity certain amount was paid to the petitioner in this head but as per revised pay scale rest gratuity amount which is legally payable to him, as calculated by the petitioner i.e. a sum of Rs. 1,63,911/ -. (ii) Leave encashment also paid to him as per old scale but in terms of authorization slip No. 860 dated 2nd December 1999, he has to be paid balance amount in this head, in the light of the revised pay scale i.e. a sum of Rs. 37,161/ -. (iii) Arrear of pension -considering revised scale his pension was fixed at Rs. 6,510/ - per month since 1st October 1999 in the terms of the memo No. 1349, dated 17th July 2001, but he was actually paid the revised pension since 1st August 2001 as such, from 1st October 1999 to 1st October 2001 he has to get due pension approximately Rs. 1,49,730/ -. (iv) Arrear of revised scale from 1st April 1997 to 30th September 1999. In this context he should be paid a sum of Rs. 77,145/ - only, as such, approximately total amount which has to be paid to the petitioner i.e. a sum of Rs. 4,27,947.50/ - (v) Appropriate Bank interest and penal interest over the total amount for the relevant period because there is delay of about more than five years on the part of the respondents, though the petitioner has been requesting for the same since long.
(2.) FURTHER prayer has been made to direct the respondents to pay him pension, which has been stopped since June 2005. There being a dispute as to which Board i.e. Jharkhand State Electricity Board, Ranchi, (hereinafter to be referred 'J.S.E.B.') or Bihar State Electricity Board, Patna (hereinafter to be referred 'B.S.E.B.') will pay the pension and other benefits. The issue aforesaid fell for consideration before a Division Bench of this Court in the case of Akhileshwar Prasad v. Jharkhand State Electricity Board and Ors. W.P.(S) No. 4887 of 2005 and analogous cases. A Division Bench of this Court vide its judgment dated 31st March 2006 held that the respective Boards should pay the pensionary dues and the arrears to the employees, retired/ retiring from the areas, now falling under their jurisdiction subject to final accounting /adjustment of their liabilities. Such payment will be subject to the decision of the Supreme Court in Suit No. 1 of 2005 and subject to final apportionment /adjustment, as may be made in the beginning of the next financial year(s).
(3.) FOLLOWING the decision rendered in the case of 'Akhileshwar Prasad' (Supra), the case is remitted with direction to the J.S.E.B. and the General Manager, Patratu Thermal Power Station, Patratu, to ensure the payment of admitted retiral benefits of the petitioner including the pension as is due since June 2005. The current pension should be paid within a period of fifteen days from the date of receipt/production of a copy of this order. So far other dues are concerned, the J.S.E.B. and its authorities will decide and pay the admitted dues within a period of four months from the date of receipt/production of a copy of this order along with a cost of Rs. 5000/ -.;