BIHAR STATE ELECTRICITY BOARD Vs. JAGADEO SINGH

JUDGEMENT

(1.) This Letters Patent Appeal has been filed by the Bihar State Electricity Board against the decision of a learned Judge dated 13/12/2001 in C.W.J.C. No. 11789 of 2001: Jagdeo Singh v. Bihar State Electricity Board. One Jagdeo Singh, who had brought the writ petition, had joined the Bihar State Electricity Board on 21/12/1959 as Correspondence Clerk. Subsequently he was promoted as Junior Accounts Clerk in 1963 and thereafter as Accounts Assistant on 14/04/1976. He retired from service on 30/09/1998. Finding that his pension and post retirement dues were not being delivered he filed the writ petition. The fact that he had not been delivered the post retirement clues and his pension has been withheld, on this there is no issue on the writ petition.

(2.) The contention before this Court is that in 1976, the appellant somehow managed and arranged for himself three increments each standing at Rs. 16/-. These increments were arranged and subsequently paid to the petitioner from 14/04/1976 (reference Annexure-E to the counter-affidavit in the writ petition) on a wrong declaration that he had passed a departmental examination. It is contended that firstly this employee was not entitled to three increments and is further contended that if these increments had been granted then at the time when he was promoted in 1985 the increment was to be stopped on promotion. But this employee continued with three increments from 1976. At the time when the learned Judge passed the order on the petition and directed that the post retirement benefit be paid and that also with interest, these increments were quantified to Rs. 5,247.60/-. The Bihar State Electricity Board gave 90% of the provisional pension and the rest became the subject matter of adjustment. Of this Rs. 5,247.60/- which had been deducted the learned Judge ordered that it be paid with 9% interest and the pension which was in arrears for a period of 21 months the learned Judge directed that this be paid with 6% interest. The present Letters Patent Appeal challenges the order of the learned Judge dated 13/12/2001 on the writ petition.

(3.) Several cases are pending in the High Court where during the course of service employees particularly Government servants, and of employees of statutory corporation, government corporation and statutory bodies complain of denial of promotions, increments and retirement benefits. Government departments and corporations take the defence that some of these benefits, promotions and increments are wrongful gains obtained collusively, like in the present case. These employees file writ petitions at the High Court. At the Patna High Court a special group has been carved out to take care of such cases. At the time of considering the case of defence is that there was wrongful gain in receiving increment or promotions and, thus, the pension is being withheld.