ORDER S.J. Mukhopadhaya, J. 1. In pursuance of Courts order, Mr. J.N. Singh, Secretary JSEB is present. 2. It is stated that the Secretary, BSEB was present on the last date, but as the Court was not available on that date, he gave his attendance before the Registrar General of this Court. 3. It has been brought to the notice of the Court that the JSEB and BSEB have made discussions on 27th December, 2003 and came to an agreement as to who will pay the retirement benefits to one or other employees of the then Bihar State, Electricity Board. It has been circulated vide Memo No. 191/S/EB dated 27th December, 2003 issued by the BSEB, Patna. W.P.(S) 2272/03 (Dhanu Gope) : 4. In respect to Dhanu Gope, the following amount is being paid towards retiral benefits vide cheques. Pension arrear Rs. 70,174.00 Revised Pension Arrear Rs. 20,394.00 Total Rs. 90,568.00 vide Cheque No. 841819, dated 22.01.2004 GPF Rs. 1,10,682.00, vide Cheque No. 910308, dated 22.01.2004. 5. Both the cheques have been handed over to Mr. Rajiv Anand, counsel for the petitioner for onward transmission to Mr. Dhanu Gope. 6. Mr. Rajiv Anand submits that the amount which has now been paid today, does not include statutory or penal interest towards GPF. 7. Learned Advocate General for the JSEB submits that statutory interest for the first six months have been calculated but the statutory interest for the rest of the period will be calculated and amount, if any due, shall be paid within fifteen days from the date of receipt of amount from the BSEB. 6. It may be mentioned that both the Boards made the following clause in their agreement dated 27th December, 2003 : "With respect to employees who switched from CPF to GPF, on roll as on 1.4.2001, in the territorial jurisdiction of present JSEB, the outstanding balance against their name, as on 8.11.1987 in CPF trust along with upto-date interest shall be calculated by both the successor boards, taking into account the withdrawals between 8.11.1987 and 31.3.2001, and shall be transferred to JSEB CPF trust, whenever it is formally created." 9. Learned Advocate General submits that JSEB will constitute a Trust within two weeks and the amount as may be received from JSEB will be paid to the concerned employees within two weeks from the date of receipt. 10. Mr. Learned Advocate General submits that JSEB will constitute a Trust within two weeks and the amount as may be received from JSEB will be paid to the concerned employees within two weeks from the date of receipt. 10. Mr. Ajit Kumar for BSEB submits that the CPF amount in respect to the employees who retired from the territory of the State of Jharkhand if payable, will be transferred to the account of the Trust as may be constituted by the JSEB within a month from the date of information relating to creation of Trust. 11. In the circumstances, the JSEB is directed to constitute a trust for provident fund within fifteen days and with further direction to BSEB to transfer the provident fund amount of the concerned employees who have retired from the territory of Jharkhand within one month as per agreement, as quoted above. The JSEB will pay the amount to the concerned employees within two weeks from the date of receipt of the amount in its Trust. 12. So far as the statutory interest is concerned, both the Boards are directed to calculate the up-to-date statutory interest for payment in favour of the employees including those who have already retired. 13. If they pay the upto-date statutory interest, they will not have to pay separate penal interest for delayed payment. 14. So far as the claim of petitioner Dhanu Gope is concerned, the parties will ensure payment of upto-date statutory interest within three months from the date of receipt/ production of a copy of this order. 15. As regards arrears in the revised scale of pay is concerned, the petitioner Dhanu Gope can claim it if the Board decides to pay it in favour of its employees. Contempt Case (C) No. 998/02 (Jagdish Narain) : 16. Learned Advocate General handed over two cheques to Mr. Sardhu Mahto, the counsel for the petitioner for onward transmission to the petitioner against the following dues : Revised Pension Arrears Rs. 20,571.00 Pension arrears Rs. 48,370.00 Total Rs. 68,941.00 vide Cheque No. 841820 dated 22.01.2004 GPF Rs. 1,45,594.00 vide Cheque No. 910307 Dated 22.01.2004. 17. So far as interest is concerned, as observed above, the Respondents will pay the upto-date statutory interest within three months. As they will pay the upto-date statutory interest, this Court is not directing the Opposite parties to pay separate penal interest. Cont. 68,941.00 vide Cheque No. 841820 dated 22.01.2004 GPF Rs. 1,45,594.00 vide Cheque No. 910307 Dated 22.01.2004. 17. So far as interest is concerned, as observed above, the Respondents will pay the upto-date statutory interest within three months. As they will pay the upto-date statutory interest, this Court is not directing the Opposite parties to pay separate penal interest. Cont. Case (C) No. 562/03 (Anand Sharma): 18. One cheque bearing cheque No. 910306 dated 22.1.2004 amounting to Rs. 53,534/- has been handed over to Mr. Kajiv Anand, Advocate for onward transmission to the petitioner. The said amount is towards GPF. 19. So far as interest is concerned, the Respondents will pay the upto-date statutory interest within three months. As they will pay the upto-date statutory interest, this Court is not directing the Opposite parties to pay separate penal interest. WP(S) No. 3317/O3 (Pramod Kumar Roy): 20. One cheque bearing cheque No. 3646464 dated 22.1.2004 amounting to Rs. 1,02,228/- has been handed over to Mr. Tarun Kumar Sinha, Advocate for onward transmission to the petitioner. The said amount is towards GPF. 21. So far as interest is concerned, as already observed, the Respondents will pay the upto-date statutory interest within three months. As they will pay the upto-date statutory interest, this Court is not directing the Opposite parties to pay separate penal interest. Cont. Case (C) No. 659/03 (Mangru Hembrom) : 22. Learned Advocate General submits that a sum of Rs. 1,67,633/- has already been paid to the petitioner vide cheque No. 984899 dated 12.12.2003. 23. Counsel for the petitioner submitted that the upto-date statutory interest has not been paid. 24. So far as interest is concerned, as already observed, the Respondents will pay the upto-date statutory interest within three months. As they will pay the upto-date statutory interest, this Court is not directing the Opposite parties to pay separate penal interest. Cont. Case (C) No. 222/03 (Kameshwar Tiwary) : 25. Learned Advocate General handed over a cheque dated 23-1-2004 for Rs. 2,73,991/- issued in the name of the petitioner to Mr. Rajesh Kumar for its onward transmission to the petitioner. 26. Mr. Rajesh Kumar counsel submits that the details of dues have not been shown. According to him, the over time dues of certain period has also not been paid. 27. 2,73,991/- issued in the name of the petitioner to Mr. Rajesh Kumar for its onward transmission to the petitioner. 26. Mr. Rajesh Kumar counsel submits that the details of dues have not been shown. According to him, the over time dues of certain period has also not been paid. 27. Learned Advocate General submits that the over time dues to which the petitioner was entitled during the period he remained in JSEB has already been paid. The over time dues of any earlier period, is liable to be paid by the BSEB on its verification. 28. If the over time dues of the period after 1997, the petitioner may move before the competent authority. 29. In view of the statements given by the parties and the directions aforesaid, no further order is required to be passed in the present case. 30. All the cases stand disposed of. 31. The appearance of the Secretary, JSEB is dispensed with.