IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No.543 of 2009
Umesh Prasad Singh ... ... Petitioner
Versus
Jharkhand State Electricity Board & Ors. ... ... Respondents
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CORAM: HON'BLE MR. JUSTICE R.R. PRASAD
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For the Petitioner : Mr. Jitendra Nath, Advocate
For the respondents : Mr. Rajan Raj, Advocate
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05/27.07.2011
. Learned counsel appearing for the petitioner submits that the
petitioner got retired from the post of Head Lineman on 31.07.2008, while he
was posted in the Office of Electric Supply Division, Ranchi (West), When
retiral dues to be paid towards Gratuity, Leave Encashment were not paid to
the petitioner, the petitioner moved to this Court. While the matter was pending
before this Court, 80% of the amount of Gratuity as well as amount payable
towards Leave Encashment were paid. Subsequently, 20% of the amount of
the Gratuity was also paid but interest accrued on the said amount on account
of the delayed payment has not been paid and, therefore, the authority be
directed to make payment of the interest on account of the delayed payment of
the amount of the Gratuity and Leave Encashment.
From the statement made in the counter affidavit, it does appear
that the petitioner during his service tenure, had taken House Building
Advance from the Bihar State Electricity Board, Patna. After retirement, the
authority of the JSEB wanted information about recovery of the House Building
Advance but that intimation was not sent by the authority of the Bihar State
Electricity Board and on account of that, delay seems to have occurred in
making payment of the amount of the Gratuity and Leave Encashment and,
therefore, this is not the case where due to deliberate act, there had been
delay in making payment of the Gratuity and Leave Encashment.
Accordingly, the petitioner is not entitled to have interest on the
amount of Gratuity and Leave Encashment and hence, this writ application
stands dismissed.
(R.R. Prasad, J.)
Ravi/