BIHAR STATE ELECTRICITY BOARD Vs. RAM CHANDRA PRASAD

JUDGEMENT

(1.) C .W.J.C. No. 10476 of 2002, which gave rise to L.P.A. No. 157 of 2003, C.W.J.C. No. 10369 of 2002, which gave rise to L.P.A. No. 246 of 2002 and C.W.J.C. No. 10524 of 2002, which gave rise to L.P.A. No. 247 of 2003 and two other writ applications were disposed of by a common order dated 30.1.2003 passed by a learned Single Judge, whereby the writ applications filed by the writ petitioners were allowed and a direction was issued that till the liabilities between the two Boards, i. e. the Bihar State Electricity Board and the Jharkhand State Electricity Board, are finally determined, the respective Boards should pay the pensionary dues including arrears to the employees retired/retiring from the area now falling under them subject to final accounting/adjustment of their liabilities and the said direction will apply in the case of all pending claims of such employees including those who are already receiving pension and the respective Boards shall discharge their liabilities with respect to them. The learned Single Judge further directed that the respective Boards shall discharge their liabilities accordingly by determining the dues payable to all such pensioners and forward the relevant papers within one week to the concerned Board for payment and the concerned Board shall pay the admitted dues within a week thereafter and further both the Boards were directed to proceed for confirmation of actual figures with respect to ratio of consumption of power and determine their liabilities as per the agreement dated 5.3.2001 positively within one month, failing which, this Court shall consider to initiate contempt proceeding suo motu.

(2.) C .W.J.C. No. 13080 of 2002, which gave rise to L.P.A. No. 248 of 2003 and C.W.J.C. No. 13585. of 2002, which gave rise to L.P.A. No. 249 of 2003, were disposed of by orders dated 11.2.2003 and 24.2.2003, respectively, wherein directions were issued in terms of the directions issued earlier for payment of pensionary dues, including arrears to the writ petitioners of the said cases.

(3.) AFTER creation of the two States, in exercise of the power under section 62(4) of the Act, the State of Jharkhand created the Jharkhand Electricity Board (hereinafter referred to as 'the Jharkhand Board ') with effect from 10.1.2001. According to sub -section (4) of section 62 of the Act, after creation of the Board, the Central Government has to make a provision enabling the new Board or the new Corporation to take over from the existing Board or Corporation all or any of its undertakings, assets, rights and liabilities in that State. Sub -section (3) of the provides that the existing Board shall cease to function as from, and shall be deemed to be dissolved on such date as the Central Government may, by order, appoint; and upon such dissolution, its assets, rights and liabilities shall be apportioned between the successor States of Bihar and Jharkhand in such manner as may be agreed upon between them within one year of the dissolution of the Board or the Corporation, as the case may be, or if no agreement is reached, in such manner as the Central Government may, by order, determine. Section 62(4)(b) of the Act provides that once the dissolution of the existing Board or Corporation takes place, any assets, rights and liabilities, which would otherwise have passed to that State by or under the provisions of sub -section (3) shall pass to the new Board or the new Corporation instead of to that State.