IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15844 of 2011
Mukha Ram , S/O Late Sahdeo Ram, resident of Village- Sumha,
P.S. Sasaram, District-Sasaram --------------Petitioner
Versus
1. The Bihar State Electricity Board through the Secretary, Vidyut
Bhawan, Bailey Road,Patna
2. The General Manager-cum- Chief Engineer, Magadh Electric
Supply Area, Gaya
3. The Electrical Superintending Engineer, Rohtas at Sasaram
4. The Electrical Executive Engineer, Sasaram , District-Rohtas
5. Dy. Director of Accounts, the Bihar State Electricity
Board,Patna -------------------- Respondents.
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02 15-09-2011 Heard /Sri Siddharth Harsh, learned counsel for the
petitioner and Sri M.P.Jaiswal, learned counsel appearing on behalf
of Respondent/Bihar State Electricity Board.
The petitioner, who retired on 30.09.2010 as Class IV
employee ( Skilled Khalashi) from Electric Supply Division,
Sasaram, Rohtas, has prayed for directing the Respondents to pay
the following dues:
(i) Gratuity
(ii) General Provident Fund
(iii) Arrears of Pension
(iv) Leave Encashment
(v) Arrears of sixth pay revision
(vi) Arrears of over time,
Along with admissible statutory interest.
Learned counsel for the petitioner submits that the
petitioner had approached the authority concerned for the relief
sought for in the present writ petition. However, till date aforesaid
amount has not been cleared nor any decision has been taken by the
authority concerned.
The Court is of the opinion that without keeping the
2
matter pending, the writ petition can be disposed of granting liberty
to the petitioner to file a detailed representation before the
Respondent no.2/ General Manager-cum- Chief Engineer, Magadh
Electric Supply Area, Gaya within a period of six weeks from
today. If such representation is filed by the petitioner regarding the
claim made in the present writ petition, the Respondent no.2 is
required to examine the same and pass appropriate order in
accordance with law within a period of eight weeks from the date
of filing of such representation. If the Respondent no.2 considers
the claim of the petitioner as genuine, he is required to pass order
for clearing the dues within the aforesaid time. Even in case of
refusal, the Respondent no.2 is required to pass speaking order and
communicate the same to the petitioner within eight weeks from
the date of filing of such representation.
It goes without saying that the petitioner shall be entitled
to get admissible statutory interest on delayed payment.
With above observation and direction, the writ petition
stands disposed of.
( Rakesh Kumar, J.)
NKS/-