High Court Patna High Court - Orders

Chunchun Jha vs The Bihar State Electricity Bo on 29 June, 2011

Patna High Court – Orders
Chunchun Jha vs The Bihar State Electricity Bo on 29 June, 2011
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                                       LPA No.1130 of 2010
                  Chunchun Jha son of late Pandit Madhu Kant Jha,
                  resident of village Bishanpur, PO and PS
                  Arer Hat, District Madhubani ..... Appellant
                                            (Petitioner in writ petition)
                                           Versus
                  1. The Bihar State Electricity Board, Patna, through its
                  Chairman
                  2. The Chairman, Bihar State Electricity Board, Patna
                  3. The General Manager-cum-Chief Engineer, Tirhut
                  Region Electricity Board, Muzaffarpur
                  4. The Director of Accounts, Bihar State Electricity
                  Board (Head Quarter), Patna
                  5. The Deputy Director, Bihar State Electricity Board
                  (Head Quarter), Patna
                  6. The Accounts Officer (Funds), Bihar State Electricity
                  Board ,Patna
                  7. The Accounts Officer, Bihar State Electricity Circle,
                  Muzaffarpur .....Respondents (Respondents in writ case)

                                             -----------

02- 29/6/2011 Heard Mr. Hari Narain Singh for the appellant.

This appeal under clause 10 of the Letters Patent of the High

Court of Judicature of Patna has been preferred by the

petitioner of CWJC No. 11563 of 2005, and is aggrieved by

the order dated 28.4.2010 passed by a learned Single Judge

of this Court, whereby the writ petition has been disposed of

with a direction for payment of his post-retirement benefits

with interest. The appellant raises a grievance before this

Court that the post-retirement benefits admissible to the

appellant has been paid to him, but the learned Single Judge

did not pass order for payment of interest on belated

payments.

2

2. It appears to us on the basis of pattern of

diverse litigations coming up before this Court in which the

Bihar State Electricity Board is a party, that it is passing

through a critical phase and is really limping. We are,

therefore, of the view that it will not be a proper discretion

to direct the Board for payment of interest.

3. The appeal is dismissed.

( S K Katriar )

( Amaresh Kumar Lal )

mrl