Chhalindra Singh v. The Bihar State Electricity Board, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNACivil Writ Jurisdiction Case No.18959 of 2008 ====================================================== Chhalindra Singh S/o Late Gyan Singh, Resident of village-Sukhchain Nagar ( Fagwada), P.S. Fagwada, District Kapurthala, Punjab. .... .... Petitioner/s Versus 1.The Bihar State Electricity Board, Patna, through its Chairman, Bidyut Bhawan, Income Tax Golambar, Bailey Road, Patna. 2.The General Manager-cum-chief Engineer, Magadh Electric Supply Area, Gaya. 3.The Electrical Executive Engineer, Electric Supply Division, Bhabua (Kaimur). 4.The Assistant Electric Engineer, Electric Supply Sub- Division, Bhabua (Kaimur). 5.The Deputy Director of Accounts, Magadh Electric Supply Area, Gaya. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajesh Kumar Pathak, Advocate For the Respondent/s : Mr. Vinay Kirti Singh Mr. Sunil Kumar, Advocates ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 2 26-04-2012 Heard learned counsel for the petitioner and Mr. Sunil Kumar for the Bihar State Electricity Board (for short ‘Board’). Present application has been filed by a retired employee of the Board seeking a direction upon the respondents to pay the retiral dues some of them were sanctioned in favour of the petitioner but not paid. He has enclosed the sanction orders in respect of gratuity and GPF amount dated 30.4.08 (Annexure-1) and 18.4.08, (Annexures 2). The remaining dues were also not paid to him and as such present application has been filed in this Court seeking appropriate direction upon the Board to pay those dues. A counter affidavit has been filed on behalf of the Board. Paragraph no.2 whereof reads as under:- “2. That, The amount of GPF Rs. 344885/- has been paid to the petitioner with up to date interest through the Cheque vide Cheque No. 895338 dated 07.03.2009. The amount of Gratuity Rs. 321231/- along with amount of Group Insurance Rs. 69903/- and the amount of Leave Encashment Rs. 116814/- have already been paid to the petitioner by the cheque bearing Cheque No. 905399 dated 18.06.2009.” It, thus, appears that during pendency of this application the authorities have paid the admissible dues under diverse head(s) in favour of the petitioner. Learned counsel for the petitioner submits that the GPF amount in the sum of Rs. 344865/- was sanctioned on 18.4.08 (Annexure-2) but was actually paid vide cheque dated 7.3.09. In the submission of the petitioner, the respondents were required to compute statutory interest payable on the said amount until February, 2009. It is also submitted that the group insurance amount was not paid with statutory interest. He, therefore , submits that a liberty be granted to the petitioner to ventilate the aforesaid grievance(s) before the General Manager- cum- Chief Engineer, Magadh Electric Supply Area ( respondent no.2), who may be commanded to examine the same and redress the aforesaid grievance of the petitioner according to law. Mr. Sunil Kumar, learned counsel for the petitioner in view of the aforesaid stand taken by the petitioner agrees to disposal of the application in the terms suggested by counsel for the petitioner. cum- Chief Engineer, Magadh Electric Supply Area ( respondent no.2), who may be commanded to examine the same and redress the aforesaid grievance of the petitioner according to law. Mr. Sunil Kumar, learned counsel for the petitioner in view of the aforesaid stand taken by the petitioner agrees to disposal of the application in the terms suggested by counsel for the petitioner. From the counter affidavit, it appears that the payments which were found due on account of settlement of the post retiral dues have already been sanctioned and paid. It also appears that the GPF amount was actually paid to the petitioner by Cheque dated 7.3.09. From the materials on record, it does not appear that the interest payable on the aforesaid dues up to the previous month of the date of payment was calculated and paid to the petitioner. In para -7 of the writ petition, the petitioner has asserted that the group insurance amount in the sum of Rs. 69,903/- was sanctioned on 12.5.08 and from the averments made in the counter affidavit it would appear that the same was also paid belatedly. The counter affidavit does not clarify as to whether the interest payable thereon was computed and authorized in favour of the petitioner. In view of the aforesaid, this Court is satisfied that Shyam/- the present application be disposed of by the following order:- Let the petitioner file a representation detailing his grievance relating to payment of statutory interest on the GPF amount as well as the group insurance amount before the General Manager-cum- Chief Engineer of the Board (respondent no.2) together with a copy of the present order within 05 weeks whereafter the said respondent shall examine the aforesaid grievance(s) of the petitioner and redress the same in accordance with law as quickly as possible preferably within 08 weeks from the date of filing/presentation. (Kishore Kumar Mandal, J)