LAWS(PAT)-2005-1-51

MOHAN PRASAD ASTHANA Vs. BIHAR STATE ELECTRICITY BOARD

Decided On January 17, 2005
Mohan Prasad Asthana Appellant
V/S
BIHAR STATE ELECTRICITY BOARD Respondents

JUDGEMENT

(1.) MR . Shivaji Pandey appears for the petitioner, and Mr. Ramesh Kumar Dutt for the Bihar State Electricity Board (hereinafter referred to as the Board). The petitioner is a retired employee of the respondent Board. He raises a grievance that the Board has recalled its decision allowing commutation of pension. It is stated in the writ petition that that commutation was allowed but the amount was not paid to him, although pension to that extent was deducted for a period of 12 months whereafter the Board returned his entire deducted amount of pension and has taken the stand that the commuted value of the pension shall not be paid. The petitioner shall instead be paid the full amount of pension every month.

(2.) LEARNED counsel for the Board submits that in view of the acute financial crisis which has gripped the respondent Board, it has taken the decision to suspend the provision relating to grant of benefit of the commuted pension which is being uniformly applied. He relies on the order of a learned Single Judge of this Court dated 12.3.2004, passed on C.W.J.C. No. 1937 of 2004 (Kamla Prasad Singh vs. The Bihar State Electricity Board and Ors.), wherein the Boards stand has been upheld.

(3.) THE writ petition is accordingly dismissed.