Sushil Chandra Bhattacharya v. Jharkhand State Electricity Board
2003-01-06
TAPEN SEN
body2003
DigiLaw.ai
ORDER Tapen Sen, J. 1. Heard Mr. Kalyan Roy, learned counsel for the petitioner, Mr. Ajit Kumar, learned counsel for respondent Nos. 1 to 3 and Mr. Ashok Kumar Jha, learned counsel for the respondent No. 4. 2. At the very outset Mr. Kalyan Roy stated that he has confined his entire Writ Application now only to the matter pertaining to payment of the amounts that have been sanctioned and which now stands admitted by the learned counsel for respondent Nos. 1 to 3. To that extent, Mr. Kalyan Roy draws attention of this Court to the counter-affidavit filed by Joint Secretary of the Bihar State Electricity Board, Patna and refers specifically to Annexure C thereof. Upon perusal, it is apparent that on 1.6.2001, the Bihar State Electricity Board, Patna sanctioned the payment of Rs. 56,858.76 (Rupees fifty six thousand eight hundred fifty eight and palse seventy six) of total pension of Rs. 1450/- only. 3. Mr. Kalyan Roy, during the course of arguments, has also produced for perusal of this Court a letter of the Financial Controller to the Bihar State Electricity Board issued under the Memo No. Pen 339/2000 addressed to the Accounts Officer. Electric Circle, Chaibasa. Upon perusal thereof, it appears that the amount of Pension/Family pension as authorized by Pension Payment Order dated 2.8.2000 has since been revised from Rs. 1,450.00 per month to Rs. 4,385 with effect from 1.2.1998 and the amount of Family Pension has also been similarly revised to Rs. 2,631/-. The said letter also indicates that dearness relief will also be payable as admissible from time to time. 4. Furthermore, the aforesaid letter also shows that the revised rate of Pension shall be reduced by the amount of commuted pension of Rs. 483.00 per month w.e.f. 8.6.1998 and a sum of Rs. 73,590.50 (Seventy three thousand five hundred ninety and paise fifty) has also been authorized to the Petitioner on account of D.C.R. Gratuity. However, payment whereof has been contemplated to be released only after decision of the Board regarding communication of the mode and time of payment. Let it be recorded that the subject matter of the aforementioned letter shows that it is in relation to revision of Pension/ Family Pension and D.C.R. Gratuity in terms of Boards Notification No. 124, dated 18.4.2001. Both, Mr. Ajit Kumar as also Mr.
Let it be recorded that the subject matter of the aforementioned letter shows that it is in relation to revision of Pension/ Family Pension and D.C.R. Gratuity in terms of Boards Notification No. 124, dated 18.4.2001. Both, Mr. Ajit Kumar as also Mr. A.K. Jha, learned counsel for the respective respondent have not denied nor disputed the issuance of the aforementioned letter. On the other hand, they have submitted that they are in possession of the copy of the said letter. 5. Mr. Kalyan Roy, however, has stated that a Supplementary Affidavit has already been filed in the Registry bringing on record the aforementioned letter as Annexure 6 thereto. In that view of the matter, this Court takes notice of the aforementioned letter and directs the Registry to attach the aforementioned Supplementary Affidavit with the records of this case. However, and by way of abundant caution, Mr. Kalyan Roy shall immediately, on conclusion of this case, hand over the photocopy of the said letter which will be kept on record. 6. In view of what has been stated above and upon perusal of pleadings made, this Court directs that since sanction has already been accorded in the manner noticed above, it would be futile to let the Petitioner be in a state of suspended animation and continue to wait for actual payment indefinitely. 7. In that view of the matter, this Court directs the Petitioner to present himself before the concerned authority along with copies of the aforementioned indicated letter/sanction order as also with this order on any week day within a period of 15 (fifteen) days from today. Upon such presentation, the appropriate authority shall release the money to the petitioner within two weeks of such presentation and will not cause any further harassment to him. So far as the matter relating to amounts payable upon calculation of revised D.C.R., Gratuity etc., Mr. Ajit Kumar has very fairly submitted and stated that no sooner other employees are paid/given the said benefit, the Petitioner shall also be paid his due amount in that scale. 8. With the aforementioned observations and directions, this Writ Petition stands disposed off.