IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.10197 of 2011
Vivekanand Thakur, son of late Jagmohan Thakur, resident
Of village + Post Office- Aganagar, P.S. Kudhni (Maniari)
District Muzaffarpur.
... ... Petitioner.
Versus
1. The Bihar State Electricity Board, through its Chairman,
Vidyut Bhawan, Patna. (Hereinafter referred to as
Electricity Board).
2. The Chairman, Bihar State Electricity Board, Vidyut
Bhawan, Patna.
3. The Secretary, Bihar State Electricity Board, Vidyut
Bhawan, Patna.
4. The Joint Secretary, Bihar State Electricity Board,
Vidyut Bhawan, Patna.
5. The Deputy Director Accounts, (Secretariat), Bihar State
Electricity Board, Vidyut Bhawan, Patna.
6. The General Manager-cum-Chief Engineer, Central Electric
Supply Area, Bihar State Electricity Board, Patna.
7. The Electrical Superintending Engineer (Store
Verification), Bihar State Electricity Board, Vidyut
Bhawan, Patna.
8. The Electrical Superintending Engineer, Patna Electric
Circle, Patna.
9. The Electrical Executive Engineer, Electrical Central
Store Digha, Patna.
... ... Respondents.
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2. 30.6.2011. Heard Shri Ajey Kumar, learned
counsel for the petitioner and Shri Ajay
Kumar Gautam, learned counsel appearing on
behalf of all the respondents/Bihar State
Electricity Board.
The petitioner, who retired with
effect from 31.7.2009 as Assistant Store-
Keeper, Electrical Central Store, Digha,
Patna, has prayed for directing the
respondents for making payment of Gratuity,
Leave Encashment and payment of full
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pension. The petitioner has further prayed
for quashing of part of the order dated
10.5.2010 (Annexure-7), whereby it was
proposed to recover from the retiral dues
of the petitioner due to non passing of the
Hindi Noting and Drafting examination.
Learned counsel for the petitioner
has drawn my attention to Annexure-6 to the
petition whereby amount of Leave Encashment
was sanctioned in the year 2009 itself. It
was submitted that despite the fact that
amount of Leave Encashment was sanctioned
long back in the year 2009, till date,
payment has not been made.
The court is of the opinion that
after sanction of the amount of Leave
Encashment, there was no reason for the
authority concerned to delay the payment.
Immediately after the order of sanction,
the authority concerned is required to make
payment.
Keeping in view the fact that petitioner retired in the month of
July,2009 and till date amount of Gratuity
and Leave Encashment have not been paid nor
petitioner has started to get full pension,
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the court is of the opinion that writ
petition can be disposed of with a
direction to the respondents, particularly
respondent no.3/Secretary, Bihar State
Electricity Board to take all steps for
making payment of the amount of Gratuity
and Leave Encashment within a period of one
month from the date of receipt/production
of a copy of this order. In respect of
other claim, with the consent of parties,
the writ petition is being disposed of
granting liberty to the petitioner to file
a fresh representation before respondent
no.3 within a period of six weeks from
today. If such representation is filed, it
is expected that respondent no.3 will
examine the same and pass appropriate order
in accordance with law redressing the
grievances of the petitioner within a
period of three months from the date of
filing of such representation. Even in case
of refusal, respondent no.3 is required to
pass a speaking order within aforesaid
time. It goes without saying that
petitioner shall be entitled to get
admissible statutory interest on delayed
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payment.
With above observation and
direction, the writ petition stands
disposed of.
N.H./ ( Rakesh Kumar,J.)