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2002 DIGILAW 641 (JHR)

Sureshwar Prasad v. Chairman J. S. E. B.

2002-06-13

SUDHANSU JYOTI MUKHOPADHAYA

body2002
ORDER S.J. Mukhopadhaya, J. 1. The petitioner retired on 31st January, 2001 as Assistant Teacher, Madhya Vidyalaya, a school run by Patratu Thermal Power Station, Hazaribagh. 2. The grievance of the petitioner is that though the respondents have paid certain retiral benefits, but the amount towards Gratuity, leave encashment, arrears of salary from 1.4.1997 to 31.1.2001 and commutation of pension along with statutory interest, as per revised scale of pay, have not yet been paid. 3. The counsel for both the Electricity Boards stated that they cannot assist the Court in absence of any instructions. 4. However, as the matter relates to payment of retiral benefits and other dues and requires determination by the respondents, at the first instance, it is not necessary to hear the respondents for the present. 5. The issue as to who amongst the Electricity Boards, namely, Bihar or Jharkhand State Electricity Board will pay the retiral benefits to an employee retired prior to 1st of April, 2001, fell for consideration before a Bench of this Court in the case of Jhabhu Pandit and Ors. v. J.S.E.B. and Ors., reported in 2002 (2) JCR 372 (Jhr) in W.P. (S) No. 8083 of 2002 and analogous cases and this Court vide its judgment dated 17th May, 2002, held that those who were posted in the area now falls within the State of Jharkhand, the competent authority of J.S.E.B. is liable to pay. 6. In view of the decision aforesaid, the case is remitted with direction to the J.S.E.B. authority to pay the petitioner the admitted retiral benefits to which he is entitled within three months, failing which they will be liable to pay interest @ 5% from the date of retirement, apart from statutory interest. 7. If the respondents dispute any claim/part thereof, will forward the ground to the petitioner within the period aforesaid. The writ petition stands disposed of.