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2005 DIGILAW 496 (JHR)

Yogendra Prasad Verma v. J. S. E. B.

2005-07-07

SUDHANSU JYOTI MUKHOPADHAYA

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ORDER S.J. Mukhopadhaya, J. 1. The writ petition was preferred by the petitioner for payment of retiral benefits and other dues. 2. It appears that the matter was referred to Lok Adalat, therein the respondents came out with cheque for Rs. 5,85,327/-, as admitted dues payable to the petitioner. The petitioner being not present, it was handed over to the Joint Registrar, Incharge High Court Legal Services Committee, Later on, the petitioner received the cheques amount of Rs. 5,85,327/- from the Joint Registrar, Incharge High Court Legal Services Committee on 13th September, 2004. 3. Learned counsel for the petitioner while admits that the petitioner has accepted the amount of Rs. 5,85,327/-, submits that the respondents paid the Provident Fund amount after calculation of statutory interest for the period upto 30th June, 2003. The amount having paid in September, 2004, they should have calculated the statutory interest upto August, 2004. It is further stated that there are certain other dues which have not yet been paid. 4. In the facts and circumstances, while this Court is not inclined to give any specific finding on the claim of the petitioner, gives liberty to petitioner to approach the Secretary, Jharkhand State Electricity Board, Ranchi who will hand over a chart showing the details to which the petitioner was entitled; amount having already paid; and the amount, if any, due, within two months from the date of receipt of representation. 5. If it is found that statutory interest has not been calculated, in accordance with law, the respondents will pay to the petitioner and also to pay other dues, if found payable. 6. So far as gratuity is concerned, the respondents cannot withhold any amount, except in the cases where there is a specific rule like Rule 43 (b) of the Bihar Pension Rules, that too 10% of the Gratuity amount. In absence of any departmental/criminal proceeding, they are liable to pay the full admitted gratuity, if petitioner is otherwise eligible. If such amount is not paid, the respondents will pay 5% interest within the aforesaid period of two months. 7. The writ petition stands disposed of with the aforesaid observations.