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2012 DIGILAW 681 (JHR)

Mokhtar Singh v. Jharkhand State Electricity Board, Ranchi

2012-05-02

APARESH KUMAR SINGH

body2012
ORDER Heard learned counsel for the petitioner as well as learned counsel for the respondent-J.S.E.B. 2. Petitioner has preferred this writ petition for issuance of direction upon the respondents for payment of his entire retiral dues including regular pension-cum-DCR Gratuity, leave encashment and the amount of House Building Advance recovered from the pay of the petitioner from March, 2001 to October, 2003 amounting to Rs. 45,000/-alongwith its interest @ Rs. 429.75 per month till the date of its payment. Petitioner has also made prayer for payment of interest on delayed payment of all such retiral dues. 3. According to the petitioner, he retired from the services of Jharkhand State Electricity Board, Ranchi as an Electrical Executive Engineer on 31.03.2007. 4. The respondents have appeared and filed their counter affidavit in which it has been stated that earlier proceeding under Rule 139B of Bihar Pension Rule had been initiated against the petitioner, which was subsequently dropped on 11.02.2010 and all the admitted retiral benefits of the petitioner will be finalized. The respondents have made statement in paragraph-4 of their counter affidavit, which was filed on 12.04.2010 that a sum of Rs. 3,50,000/-has been sanctioned as DCR Gratuity by the Director of Accounts, JSEB, Ranchi vide memo no. 232 dated 22.03.2010. It has further been stated that a sum of Rs. 8715/-and DA as admissible w.e.f. 01.04.2007 has been sanctioned as monthly pension by the order of Director of Accounts, JSEB, Ranchi. It has further been stated that a sum of Rs. 2,78,062/-has been sanctioned in favour of the petitioner on account of leave encashment and necessary letters are annexed and marked as Annexure-A series to the counter affidavit. On the basis of the above, all the retiral benefits will be paid to the petitioner soon after the receipt of the fund. 5. Learned counsel appearing on behalf of the petitioner submits that of course these payments have been made, but the amount of Rs. 31,372/-has been illegally deducted as interest over house advance from the petitioner's salary of 2003 to 2007 inspite of the fact that the total amount of Rs. 1,10,000/-as House Building Advance has already been deducted by BSEB as well as JSEB till 2003 itself. It was only on account of non-credit of Rs. 45000/-by JSEB to BSEB at the appropriate time that the said interest has been illegally deducted from his salary till his retirement. 6. 1,10,000/-as House Building Advance has already been deducted by BSEB as well as JSEB till 2003 itself. It was only on account of non-credit of Rs. 45000/-by JSEB to BSEB at the appropriate time that the said interest has been illegally deducted from his salary till his retirement. 6. Learned counsel for the respondent further submits that the amount of Rs. 45,000/-has already been refunded to the petitioner, however, petitioner still has a dispute relating to the payment of Rs. 31,372/-that the same has been deducted from his salary as interest during aforesaid period. 7. In view of the aforesaid facts and circumstances of the case, it appears that the grievance of the petitioner, relating to the payment of post retiral benefits, has been settled. However, liberty is granted to the petitioner to file a representation before the respondent no. 4, Director of Accounts(T/B), Jharkhand State Electricity Board, Ranchi for redressal of his grievance relating to the refund of Rs. 31,372/-which was deducted on account of his house advance/ interest within two weeks. In case, such representation is filed before the respondent no. 4, Director of Accounts(T/B), Jharkhand State Electricity Board, Ranchi, he would consider the same in accordance with law and pass a speaking and reasoned order within a period of six weeks thereafter and the same shall be communicated to the petitioner. 8. Needless to say, if any of the dues is found legally admissible to him, the same should be paid within four weeks thereafter. 9. With the aforesaid observations and directions, this writ petition stands disposed of.