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2003 DIGILAW 265 (JHR)

Rewa Nayak Etc. Etc. v. Jharkhand State Electricity Board

2003-02-27

SUDHANSU JYOTI MUKHOPADHAYA

body2003
ORDER S.J. Mukhopadhaya, J. 1. The petitioners were in the services of the State Electricity Board. All of them were under the control of the General Manager-cum-Chief Engineer Electric Supply Area, Hazaribagh. 2. Petitioner, Rewa Nayak of W.P. (S) No. 170/03 retired on 30th September 1999 i.e. during the period of Bihar State Electricity Board. His grievance is that the respondents have not finalized his pension and gratuity, nor paid the arrears including the arrears of pension from 30th September 1999 to 20th October, 2000. It is stated that the petitioner is getting provisional pension from Hazaribagh. 3. So far as petitioner, Deo Nandan Ram of W.P. (S) No. 157 of 2003 is concerned, he retired on 28th February, 2001 as Junior Line Man i.e. after re- organization of the State but before constitution of J.S.E.B.. This petitioner has prayed for full pension and gratuity in the revised scale. He has also claimed for G.P.F., leave encashment, G.S.S. and arrears of salary for the period from 1st April, 1997 to 31st October, 2000. This petitioner is also claimed that he is getting provisional pension from Hazaribagh. 4. Petitioner Jagdish Mahato of W.P. (S) No. 396 of 2003 retired on 30th November, 1999 as Junior Line Man from the Office of Electrical Executive Engineer. Supply Division, Hazaribagh. His grievance is that the G.P.F. amount though sanctioned but it has not been paid, nor the pension and gratuity have been fixed in the revised scale. It is stated that the petitioner is getting pension from Hazaribagh. 5. Counsel for J.S.E.B. and B.S.E.B. botb informed that the arrears of salary in the revised scale or the arrears on calculation of pension and gratuity in the revised scale have not been paid to any of the employee of B.S.E.B. or J.S.E.B.. The pension has been revised- as per revision of pay but the arrears is being paid w.e.f. 1st May, 2001. The petitioners can claim the salary, pension and gratuity on revision of pay only if it is allowed to the employees in general and not at this stage. 6. Mr. Ajit Kumar, counsel for B.S.E.B. submits that the petitioners having retired from Hazaribagh, the General Manager- cum-Chief Engineer, Electrical Supply Area, Hazaribagh is the competent authority to grant all the benefits. 6. Mr. Ajit Kumar, counsel for B.S.E.B. submits that the petitioners having retired from Hazaribagh, the General Manager- cum-Chief Engineer, Electrical Supply Area, Hazaribagh is the competent authority to grant all the benefits. All the documents are lying at Hazaribagh and even for the purpose of filing counter affidavit, no information has been sent to B.S.E.B. in spite of repeated request. 7. Counsel for the J.S.E.B. submits that the officer cannot send any document to B.S.E.B. unless such direction is received from the Headquarters. 8. Having regard to the facts and circumstances, all the cases are remitted to the General Manager-cum-Chief Engineer, Electrical Supply Area, Hazaribagh to determine the following issues: (i) Whether the petitioner, Rewa Nayak is entitled for arrears of salary from 30th September, 1999 to 20th October, 2000; his pension and gratuity has been finalized or not. On such decision, if any amount is found payable towards arrears of salary, pension and gratuity, the authority will pay it to petitioner, Rewa Nayak within three months from the date of receipt/ production of a copy of this order. (ii) Whether the petitioner, Deo Nan-dan Ram is entitled for any amount towards gratuity, G.P.F., leave encashment, G.S.S. and arrears of salary from 1.4.1997 to 31.10.2000 or not. On such decision, if any amount is found payable, the authority will ensure payment of admitted dues within three months from the date of receipt/production of a copy of this order. (iii) Whether the petitioner, Jagdish Mahato has been provided with arrears on revision of pension w.e.f. 1st May, 2001, G.P.F., amount and other dues or not. 9. On such decision, if any amount is found payable the authority will ensure payment of admitted dues within three months from the date of receipt/production of copy of this order. 10. If for one or other ground, the claim of one or other petitioner is rejected/ or if any amount of any of petitioner is withheld by the authority, the ground be forwarded to such petitioner within the aforesaid period of three months. 11. If the G.S.S and G.P.F. amount are lying with B.S.E.B., the respondents B.S.E.B. will ensure payment to concerned petitioner within the aforesaid period of three months. 12. 11. If the G.S.S and G.P.F. amount are lying with B.S.E.B., the respondents B.S.E.B. will ensure payment to concerned petitioner within the aforesaid period of three months. 12. In case, the admitted retiral benefits are not paid to one or other petitioner B.S.E.B. the concerned authorities will be liable to pay the interest @ 5% from the date of retirement/the date from which the revised pension is paid. 13. All the writ petitions stand disposed of with the aforesaid observations/ directions.