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2002 DIGILAW 55 (JHR)

Hemendra Nath Dutta v. Jharkhand State Electricity Board

2002-01-21

SUDHANSU JYOTI MUKHOPADHAYA

body2002
ORDER S.J. Mukhopadhaya, J. 1. Heard the parties. This application has bee preferred by the petitioner for a direction on the respondents to pay him the retiral benefits. 2. It is alleged that the petitioner though retired from the services of the Electricity Board as Line Inspector on 31st December, 2000, while posted at Jasidih Electric Supply Sub- division, the authorities have not paid him the retiral benefits. 3. Mrs. I. Sen Choudhary counsel for the Jharkhand State Electricity Board (J.S.E.B.) submitted that the petitioner was in the services of the Bihar State Electricity Board (B.S.E.B.) and having retired from the services on 31st December, 2000, the B.S.E.B. Is liable to pay the retiral benefits. 4. Mr. Mukesh Singh, counsel for the B.S.E.B., on the other hand, submits that the petitioner having retired, while posted under the Electrical Executive Engineer, Deoghar, the said authority should be directed to pay the retiral benefits. 5. This Court is not satisfied with the submissions made on behalf of the J.S.E.B. or B.S.E.B. The petitioner has retired from the services of the Electricity Board and is, thus, entitled for retiral benefits, which is not in dispute and because of the inaction on the part of the respondents, though more than one year has passed, petitioner has not been paid his retiral benefits. 6. It is stated at bar that the appointing authority of the Line-man is an authority, below the rank of General Manager-cum-Chief Engineer. Such being the position, the General Manager-cum-Chief Engineer, Dumka Area Electricity Board, Dumka, is the authority to ensure payment of retiral benefits in favour of the petitioner. On such payment, if it is found that certain amounts are to be reimbursed by the B.S.E.B., it will be open to the J.S.E.B. and its authorities to ask for appropriate adjustment at the time of apportionment of the assets and liabilities. 7. In the facts and circumstances, the petitioner is given liberty to represent the matter before the General Manager-cum-Chief Engineer, Area Electricity Board, Dumka, who will enquire into the matter from the concerned office and ensure payment of the admitted retiral benefits and other dues to which the petitioner is entitled, within three months, with interest at the rate of 5% per annum. 8. If the admitted dues along with interest are not paid within the aforesaid period, the General Manager-cum-Chief Engineer, Area Electricity board, Dumka. 8. If the admitted dues along with interest are not paid within the aforesaid period, the General Manager-cum-Chief Engineer, Area Electricity board, Dumka. J.S.E.B., will pay a cost of Rs. 20,000/-, apart from the aforesaid dues, in favour of the petitioner. 9. As mentioned above, it will be open to the competent authority of the J.S.E.B. to adjust/recover from the B.S.E.B., if so permissible, at the time of apportionment of the assets and liabilities. 10. The writ petition stands disposed of with the aforesaid directions.