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2012 DIGILAW 714 (JHR)

Satyadeo Pandey v. Jharkhand State Electricity Board

2012-05-07

APARESH KUMAR SINGH

body2012
Order 1. Heard learned counsel for the petitioner as well as learned counsel for the respondents-JSEB. 2. This instant writ petition has been filed for the following reliefs:- (i) to direct the respondents to pay a sum of Rs. 42,000/-to the petitioner which has illegally been withhold/recovered by the respondents on account of penal rent from the petitioner without giving him any opportunity of being heard and in arbitrary manner. (ii) to quash/set aside that part of the office order no.-218 dated 16.08.2003 issued under the pen and signature of General Manager-cum-Chief Engineer (Respondent No.-3) whereby a sum of Rs. 20,220/-has been recovered from the Gratuity of the petitioner illegally in arbitrary manner without giving any opportunity of being heard to the petitioner. 3. Petitioner had earlier moved this Court in W.P.(S) No. 3636 of 2002 for payment of the entire retirement benefits of the petitioner and the said writ petition was disposed of vide order dated 21.02.2003 with a direction to the respondents to release the entire retiral dues including the Provident Fund amount within a period of six weeks from the date of production of copy of this order and observation was also made that the petitioner shall also be entitled to statutory interest on the retiral dues payable to him. Thereafter, petitioner had approached this Court by filing Contempt Case (Civil) No. 704 of 2003, which was disposed of on 11.01.2005 wherein this Court directed the petitioner to vacate the occupied quarter within seven days and whatever the balance amount payable to the petitioner shall be paid within seven days thereafter. The petitioner vacated the said quarter on 22nd January, 2005, thereafter, payment of the retirement benefits and pensions under the different heads were paid to the petitioner, but the respondents have charged penal rent from 28.02.2001 to 22.01.2005 and a sum of Rs. 42,000/-has been withheld by the respondents on account of the said penal rent. Learned counsel for the petitioner has further submitted that vide office order no. 218 dated 16.08.2003, a sum of Rs. 1,78,728 was sanctioned as DCR Gratuity, but, a sum of Rs. 20,220/-was directed to be recovered and in fact the same was recovered from the Gratuity of the petitioner. 4. Respondents have appeared and filed their counter affidavit in which it has been stated in para-6 to the counter affidavit that Rs. 218 dated 16.08.2003, a sum of Rs. 1,78,728 was sanctioned as DCR Gratuity, but, a sum of Rs. 20,220/-was directed to be recovered and in fact the same was recovered from the Gratuity of the petitioner. 4. Respondents have appeared and filed their counter affidavit in which it has been stated in para-6 to the counter affidavit that Rs. 20,220/-is required to be recovered for excess payment during the service period of the petitioner and it was found during the revised pay fixation by the Audit Department. They have further stated that petitioner continuously occupied the official quarter, although he retired on 28 February, 2001, which was ultimately vacated in the year 2005 pursuant to the order of this Court i.e. after four years of his retirement, therefore, respondents have charged penal rent from the petitioner as per the Board rules. 5. However, petitioner has not filed rejoinder to the counter affidavit, although submits that no detail calculation has been made in the counter affidavit filed on behalf of the respondents relating to the amount recovered from the petitioner i.e. Rs. 20220/-. It has been further submitted that details relating to the penal rent has also not been indicated or annexed to the said counter affidavit. 6. In the circumstances, the learned counsel for the respondents submits that they would furnish the details of the calculation made on two heads as indicated above as penal rent and excess payment made during service period of petitioner, if petitioner approaches to the respondent by filing fresh representation. 7. In the facts and circumstances of the case, this writ petition is disposed of with liberty to the petitioner to file a representation before the respondent no. 3, the General Manager-cum-Chief Engineer, Jharkhand State Electricity Board, Transmission Zone-1, Kusai Colony, Ranchi relating to his limited grievances i.e. penal rent and recovery of excess of Rs. 20,220/-within a period of two weeks. In case, such representation is filed before the respondent no. 3, the General Manager-cum-Chief Engineer, Jharkhand State Electricity Board, Transmission Zone-1, Kusai Colony, Ranchi, he will give the details of the calculation of such amounts. However, petitioner will be at liberty to furnish his show cause relating to the deduction of the details of excess amount of Rs. 20,220/-and penal rent also. Upon receipt of the show cause on the part of the petitioner, the respondent no. However, petitioner will be at liberty to furnish his show cause relating to the deduction of the details of excess amount of Rs. 20,220/-and penal rent also. Upon receipt of the show cause on the part of the petitioner, the respondent no. 3, the General Manager-cum-Chief Engineer, Jharkhand State Electricity Board, Transmission Zone-1, Kusai Colony, Ranchi would consider the same in accordance with law and pass a speaking and reasoned order within a period of three weeks thereafter and the same shall be communicated to the petitioner. 8. With the aforesaid observations and directions, this writ petition stands disposed of. Petition disposed of.