ARJUN PRASAD SINGH Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) Heard Mr. Umesh Kumar Verma, learned counsel appearing on behalf of the petitioner and Mr. Dharmeshwar Mishra, learned counsel representing the Electricity Board.

(2.) The petitioner who was appointed on the post of Bill Clerk on 18.11,1969, finally superannuated from the services of the Board on 30.11.2004 while holding the post of Account Assistant. Upon nonpayment of his post retiral benefits, the present writ petition came to be filed for payment of his post retiral benefits alongwith admissible interest.

(3.) While the writ petition was pending consideration an order came to be issued bearing letter no. 1210 dated 5.12.2005, whereby the respondent Financial Controller while authorizing payment of gratuity amount has also directed for recovery of an amount of Rs, 94,151.70 said to be the excess salary drawn by the petitioner by reason of incorrect pay fixation. Since the said order came to be issued during the pendency of the proceeding, an interlocutory application bearing I.A. No. 849 of 2006 was filed on behalf of the petitioner seeking permission from this Court to assail the legality and validity of the gratuity payment order containing the order for recovery to that extent placed at Annexure-4 of the interlocutory application. The interlocutory application is allowed.