MUKUT DAS Vs. ASSAM POWER GENERATION CORPORATION LTD

JUDGEMENT

(1.) The petitioner has instituted this writ petition under Article 226 of the Constitution of India raising a grievance that his pension and other retirement benefits in the form of - [i] Commuted Value of Pension [C.V.P.]; [ii] Death -cum- Retirement Gratuity [DCRG]; and [iii] Leave Encashment Benefits - have not been disbursed in terms of his entitlements under the Assam State Electricity Board [ASEB] and Successors Companies, Revised Pay Rules, 2017.

(2.) The case projected by the petitioner in the writ petition, in brief, is that the Assam State Electricity Board [ASEB] was established in 1958 under the Electricity [Supply] Act, 1948. The ASEB used to manage generation, transmission and distribution of powers in the State of Assam as per the duties defined under the Electricity [Supply] Act, 1948. A process of reform was carried out and the ASEB was trifurcated into three new entities viz. [i] Assam Power Generation Corporation Limited [APGCL]; [ii] Assam Electricity Grid Corporation Limited [AEGCL]; and [iii] Assam Power Distribution Company Limited [APDCL]. All the new entities are State Public Sector Enterprises and are inter-alia governed by the provisions of the Indian Electricity Act, 2003.

(3.) Heard Mr. J. Patowary, learned counsel for the petitioner; Mr. B.D. Das, learned senior counsel assisted by Mr. H.R. Das, learned counsel for the respondent nos. 1, 2 and 5; Mr. S. Kataki, learned Standing Counsel, AEGCL for the respondent no. 3; and Mr. B. Choudhury, learned Standing Counsel, APDCL for the respondent no. 4.