Tapeshwar Singh son of late Tota Singh v. Jharkhand State Electricity Board
2018-02-12
SHREE CHANDRASHEKHAR
body2018
DigiLaw.ai
JUDGMENT : Prayer in the writ petition is for payment of arrears of salary and arrears of leave encashment accrued on account of 5th pay revision, with interest. 2. The petitioner superannuated from service on 31.01.1999 from the post of Assistant Electrical Engineer and he was paid his retirement benefits by the then Bihar State Electricity Board, however, benefits under 5th pay revision were not paid with effect from 01.04.1997. The petitioner has pleaded that the respondent-BSEB calculated the revised amount of unutilized leave on 06.09.2005 and a copy of the said calculation was forwarded to the Account Officer, Electric Supply Circle, Hazaribagh through letter dated 06.09.2005. It is further pleaded that the benefits under Selection Grade with effect from 01.08.1998 was also not paid to the petitioner. Mr. Dhananjay Kumar Pathak, the learned counsel for the petitioner submits that this benefit was also calculated by the respondents which would appear from calculation vide Annexure2 dated 13.03.2012 and the petitioner is entitled for payment of Rs.5,845/- on that count. 3. In the counter-affidavit the respondent-BSEB has pleaded that in compliance of order dated 13.01.2011 passed in C.W.J.C. No.526 of 2011 time-bound promotion with effect from 01.08.1998 was granted to the petitioner. It is admitted by the respondent-BSEB that arrears of gratuity and pension have been paid to the petitioner by it in the light of Resolution dated 02.03.2012, however, liability to pay arrears of leave encashment and arrears of salary shall be the liability of the Jharkhand State Electricity Board. In the counter-affidavit filed on behalf of the then JSEB it has been pleaded that in view of decisions in “Akhileshwar Prasad vs. Bihar State Electricity Board & Ors. reported in 2006 (2) JCR 418 (Jhr) and Civil Appeal No.5338 of 2006 the claim of the petitioner shall be paid by the respondent-BSEB. 4. In “Akhileshwar Prasad”, a Division Bench of this Court has held that the respective Boards should pay the pensionary dues and arrears to the employees, retired/retiring from the areas, now falling under their respective jurisdiction, subject to final accounting/adjustment of their liabilities. The decision in “Akhileshwar Prasad” was taken in appeal by the Jharkhand State Electricity Board by filing a special leave petition in the Supreme Court. By an order dated 01.12.2006, the Supreme Court directed the parties to implement clauses 3 and 4 of the decision of the Government of India dated 03.11.2006.
The decision in “Akhileshwar Prasad” was taken in appeal by the Jharkhand State Electricity Board by filing a special leave petition in the Supreme Court. By an order dated 01.12.2006, the Supreme Court directed the parties to implement clauses 3 and 4 of the decision of the Government of India dated 03.11.2006. Now there is broad consensus on the issue that by virtue of the order passed in Civil Appeal No.5338 of 2006 by the Supreme Court, in cases like the present one the salary and other dues including the arrears of salary shall be paid by the successor of Jharkhand State Electricity Board. 5. There is no dispute in respect of calculation of the amounts payable to the petitioner as arrears of salary on account of grant of Selection Grade and arrears of leave encashment on 5th account of pay revision. Accordingly, it is ordered that Rs.23,493/- and Rs.5,845/- shall be paid to the petitioner with 5% interest, within six weeks from the date a copy of this order is communicated before the competent authority. The order on payment of interest is founded on the ground that the orders contained in letter dated 06.09.2005 and 13.03.2012 are not disputed by the respondents. The amount of interest shall be calculated from these dates @ 5% per annum on the amounts mentioned in these documents. Since there is no foundational fact pleaded by the petitioner raising a claim for arrears of salary, this component, if payable, shall not bear interest. 6. The writ petition stands allowed in the above terms.