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2005 DIGILAW 517 (JHR)

Laxmi Prasad v. Jharkhand State Electricity Board

2005-07-18

SUDHANSU JYOTI MUKHOPADHAYA

body2005
ORDER S.J. Mukhopadhaya, J. 1. This writ petition has been preferred by the petitioner for direction upon the Respondents to pay him the retiral benefits, such as, Pension; Gratuity; Leave Encashment; amount on commutation of Pension; GPF; GSS. Further prayer has been made to direct the respondents to pay him salary for the period from 21st March, 2003 to 31st January, 2004; arrear of annual increments for the period from July, 1997 to January 2004, and to pay him the arrears of pay on revision, as per the guidelines issued by the Jharkhand State Electricity Board (hereinafter referred to as the JSEB.) 2. According to the petitioner, he was in the services of the Bihar State Electricity Board (hereinafter referred to as the BSEB) and his services were placed under the JSEB vide order, contained in letter No. 217, dated 10th March, 2003. Thereafter, he joined the JSEB and subsequently retired from the post of Controller on 31st January, 2004 while he was working in the Head Office. 3. It appears that after transfer of the petitioner, his joining was not accepted, so he had to move before this Court by filing writ petition WP (S) No. 5455 of 2003 which was disposed of on 19th December, 2003 with direction to JSEB to take appropriate steps. 4. Learned counsel for the petitioner submits that though the respondents subsequently accepted the joining from retrospective date, but salary of the earlier period was not paid. 5. A counter affidavit has been filed on behalf of the JSEB, wherein while they have not disputed the claim, stated that the JSEB is liable to pay the dues. The fact that the services of the petitioner were placed under the JSEB and he retired from the services of the JSEB, has not been disputed by any of the respondents. 6. In the facts and circumstances, the case is remitted with direction to the Secretary, JSEB, Ranchi to decide the claim of petitioner and to pay the admitted, dues after finalisation of retiral benefits, within a period of three months from the date of receipt/production of a copy of this order, failing which the respondents shall be liable to pay interest @ 5%, on total retiral benefits from the date he retired from service, if the amount is paid. 7. 7. So far as arrears on revision of pay is concerned, it will be open the respondents to pay the same as per the Scheme. If so necessary, the authority will issue appropriate order relating to grant of increments, but if any adverse decision is taken, they will communicate the ground to the petitioner. Similarly, if the authority disputes one or other claim, will communicate the grounds to the petitioner. 8. If JSEB is supposed to forward any document relating to the petitioner, it must forward it within one month from the date of receipt/production of a copy of this order. 9. The writ petition stands disposed of with the aforesaid observations and directions. Petition disposed of.