JANAK PRASAD SINGH Vs. BIHAR STATE ELETRICITY BOARD

JUDGEMENT

(1.) This writ petition has been filed by the sole petitioner for a direction to pay him the amount of untilised leave salary, gratuity under the Payment of Gratuity Act, 1972 and compassionate allowance under Rule 46 of the Bihar Pension Rules without prejudice to his claim for further pension.

(2.) The case of the petitioner, shortly stated, is as follows. The petitioner joined the Bihar State Electricity Board (in short, the Board) as Engineer Assistant in 1963 and was posted at Patratu Thermal Power Station. In course of time, he was promoted as Electrical Assistant Engineer and thereafter Electrical Executive Engineer in 1966 and 1982 respectively and posted at different places. During his tenure as Electrical Executive Engineer at Begusarai on October 7, 1993 he was placed under; suspension on charges. In the proceeding, initially, he was sought to be punished without giving him copy of the enquiry report and opportunity to file show-cause. Finally, pursuant to the order of this Court in CWJC No. 11751/1995 on November 8, 1996 he was given show-cause notice along with copy of the enquiry report. The show-cause submitted by the petitioner was not accepted and he was awarded punishment. He preferred appeal before the Chairman which was also rejected. The orderof punishment was passed on August 28, 1997. The appellate order was passed on July 31, 1999. In the meantime another order was passed on August 19, 1998 by which he was awarded punishment of discharge from service for other charges. It is relevant to mention here that the petitioner has challenged the said orders in CWJC No. 859/2000 and CWJC No. 1664/2000 which are pending in this Court. The case of the petitioner is that having served the Board for about 35 years he is entitled to unutilised leave salary and other retiral dues which have not been paid to him though he was discharged from service two years ago. The petitioner claims Rs. 1,21,306 as unutilised leave salary/leave encashment, Rs. 1,72,706 as gratuity under the Payment of Gratuity Act and compassionate allowance, described in the writ petition as 'financial relief, as per Rule 46 of the Bihar Pension Rules.

(3.) The case of the Board in a nutshell is that the Payment of Gratuity Act is not applicable to the employees of the Board, and being a discharged employee the petitioner is also not entitled to gratuity in terms of the Bihar Pension Rules read with Regulations 75 and 77 of the Service Regulations or unutilised leave salary. There is no dispute regarding compassionate allowance under Rule 46 of the Pension Rules.