Sant Lal Sahini v. Jharkhand State Electricity Board
2005-04-21
N.N.TIWARI
body2005
DigiLaw.ai
ORDER N.N. Tiwari, J. 1. In this application the petitioner has prayed for a direction to the respondents to fix and pay the full pension calculated on the basis of the revised pay scale and other admissible retiral benefits. 2. According to the petitioner, he retired on 31.10.1999 from the post of Additional Assistant Electrical Engineer, Electric Supply Division, Giridih (S). According to him though he was entitled for fixation of final pension and payment of the amounts on the basis of the revised scale, but the respondents have not considered the same and not fixed his pension and other benefits on the revised scale. 3. Counter affidavit has been filed by the respondents. Earlier there was some confusion and now the Jharkhand State Electricity Board and the Bihar State Elasticity Board have reached to an agreement that the admissible dues will be paid to the petitioner. 4. Supplementary affidavit has been filed on behalf of the petitioner stating therein that Boards notification has been issued and the petitioners salary has been fixed. The amounts of the arrears have also been calculated and communicated to the petitioner by office order No. 162, dated 23.9.2003. According to the petitioner he has no further grievance regarding the said facts and as he has been held to be entitled to get the retiral benefits on the basis of the revised scale. Learned counsel further submitted that his request for commutation of pension has not been accepted till date and no reason has been assigned for the same. 5. Learned counsel appearing on be half the Jharkhand State Electricity Board submitted that now an appropriate order has been a passed regarding fixation of the petitioners revised pay scale and the retiral dues shall be calculated and paid on the basis. It has been stated that the petitioner may approach the respondents and file representation for commutation and the same shall be considered. 6.
It has been stated that the petitioner may approach the respondents and file representation for commutation and the same shall be considered. 6. In view of the above submissions and the circumstances of the case, this writ application is being disposed of with a direction to the respondents to calculate the arrears of difference of salary, difference of pay as also arrears of retirement dues on the basis of the revised pay scale admissible to the petitioner in accordance with Annexure 7 and pay all the arrears with statutory interest within a period of two months from the date of receipt/ production of a copy of this order. 7. Since the matter of commutation is still pending, the concerned respondent shall also finally decide the same within the said period. 8. With the about observations/directions this writ application is disposed of.