- (1.) HEARD Mr. Ajit Kumar, learned counsel for the petitioner and Mr. A. K. Pandey for the Respondent -J.S.E.B.
(2.) PETITIONER , in this writ application has prayed for a direction to the Respondents to pay him the arrears on account of difference in salary together with interest, on the basis of the implementation of revised pay -scales with effect from 01.01.1996, as declared and made payable to the employees of the Respondent -Board, vide State Government's Notification dated - 24.10.2000. The petitioner had served the Respondent -Board and had superannuated from the post of the General Manager -cum -Chief Engineer, Ranchi, Supply Area, on 31.01.2001. On his superannuation, his erstwhile employer, namely, the Bihar State Electricity Board had paid his G.P. F., Final withdrawal and had sanctioned his gratuity amount and monthly pension at the pre revised scale of pay and the same was paid to the petitioner. At the relevant time, the revision of pay and pension to the employees of the Board was under active consideration of the Respondent -Board. Upon acceptance by the Respondent -Board of the recommendations of the pay revision Committee, the Government issued a Notification on 24.10.2000, for implementation of the recommendations of the pay Revision Committee and had declared that the revised pay - scales would be paid with effect from 01.01.1996 notionally and the actual payments on the revised scales would be given from 01.04.1997. Later, on 31.07.2004 and again on 20.05.2005, the Respondent -J.S.E.B. took a decision for payment of the revised pay -scales to the employees of the erstwhile Bihar State Electricity Board, who had superannuated from any of the offices within the jurisdiction of the State of Jharkhand, though such payments were accepted to be paid in four equal monthly installments commencing from September, 2004 onwards. The petitioner, had submitted his representation, demanding payment of a sum of Rs. 2,03,669/ - as being the arrears of the difference of salary. Out of the above amount, the Respondent -Board paid 50 per cent of the amount i.e. Rs. 1,01,580/ - to the petitioner by a demand draft dated 11.07.2005. The remaining 50 per cent has not been paid by the Respondent - J.S.E.B. on the plea that the dispute arose between the two successor Boards, namely, the Bihar State Electricity Board and the Jharkhand State Electricity Board as to who should bear the liability for payment of the arrears of wages to the erstwhile employees of the B.S.E.B. Learned counsel for the petitioner submits that this controversy has finally been resolved pursuant to the order passed by the Supreme Court on 01.12.2006, on an identical issue raised before it and the Respondent -J.S.E.B. had acknowledged its liability to pay the arrears of salary to the employees of the B.S.E.B., who had retired from their posts within the jurisdiction of the State of Jharkhand. Learned counsel prays that the Respondents be directed to pay the balance of the 50 per cent of the amount payable to him together with interests as on today.
(3.) COUNTER affidavit has been filed on behalf of the Respondent - J.S.E.B. Learned counsel for the Respondent -J.S.E.B., would submit that there appears no subsisting controversy, in view of the fact that the hurdle, which was earlier posed on account of the pendency of the another writ application involving the same issues as raised in the case of Shashi Bhusan Prasad -versus - Jharkhand State Electricity Board & Others vide W.P. (S) No. 4167 of 2005, has since been resolved by the judgment passed by this Court, whereby the Jharkhand State Electricity Board was directed to pay the arrears of the difference of salary to the employees, who had retired from service under the B.S.E.B. from postings within the State of Jharkhand. Learned counsel submits that the Respondent -J.S.E.B. would pay off the remaining amounts to the petitioner.;