IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 2812 of 2005
Nand Kishore Prasad ... ... ... Petitioner
Versus
Jharkhand State Electricity Board through
its Chairman, Ranchi & Ors. ... ... ... Respondents
CORAM: HON'BLE MRS. JUSTICE POONAM SRIVASTAV
For the Petitioner : Mr. B.N.J. Prabhakar, Advocate
For the J.S.E.B. : Mr. D.K. Pathak, Advocte
06/11.07.2011
Heard counsel for the petitioner and counsel appearing on behalf of the
J.S.E.B.
Counter and rejoinder has been exchanged between the parties and the writ
petition is decided finally.
The writ petition was preferred in the year 2005 for a direction to the
respondents to disburse the post retiral benefits which was detailed in the writ
petition. It was also asserted in the petition that a number of representations, vide
Annexure5 series were given, but the respondents have turned deaf ear and the
petitioner is suffering on daytoday basis during the pendency of the writ petition.
It appears that the post retiral benefits have been paid as asserted in
paragraph6 of the counter affidavit. The details are given showing the different
amounts and the different cheque numbers visavis the dates on which the
disbursement has been made for ready perusal. The assertion made in the counter
affidavit in paragraph6 is quoted below:
1. GSS Rs. 41,536.00 Cheque No. 027795 dt. 09.11.04
2. Arrear Pension Rs. 72,027.00 Cheque No. 004167 dt. 24.12.05
3. DCR Gratuity Rs. 3,30,000.00 Cheque No. 018204 dt. 20.03.06
4. Final Withdrawal
G.P.F. Rs. 10,98,780.00 Cheque No. 021033 dt. 21.07.06
5. Leave Encashment
of 240 days Rs. 1,73,632.00 Cheque No. 018204 dt. 20.03.06
The grievance of the petitioner is that though he has been paid the post retiral
benefits after a long delay, but he was entitled for interest on the said amount as
also ruled by a Division Bench in the case of Bhagwat Narayan Jha Vs. State of
Jharkhand & Ors. [2007 (2) JLJR 127].
The contention of the learned counsel appears to be justified. The petitioner is
entitled for the interest at the statutory rate as payable to the Government servant.
Since the petitioner had retired from a gazetted post as an Assistant Engineer, he is
entitled for the amount of interest as well.
In the facts and circumstances, the petitioner is permitted to make a fresh
representation within a period of three weeks from today detailing therein the
arrears, if any, as well as the interest at the statutory rate payable to the petitioner,
along with a certified copy of this order before the concerned authorities of the
respondents, who on receiving the representation shall calculate the same as
expeditiously as possible preferably within a period of six weeks from the date the
representation is made, and the entire disbursement shall be made to the petitioner
within the time frame prescribed. The petitioner shall also be entitled to make his
grievance regarding any deduction made from his post retiral benefits by the
respondents, if any. He would be given an opportunity to submit his claim after
giving such an opportunity. The matter shall be decided within the time frame fixed.
The writ petition is disposed of with the aforesaid direction.
(Poonam Srivastav, J.)
Manish