LAWS(PAT)-2017-1-42

BIHAR STATE ELECTRICITY BOARD, VIDYUT BHAWAN, BAILEY ROAD, PATNA NOW THE BIHAR STATE POWER (HOLDING) COMPANY LTD Vs. CHANDRA PRAKASH SINGH, SON OF LATE GULJAR SINGH, RESIDENT OF JAITPUR ASHRAM AT AND P.O. TAJPUR P.S. MOHAMADABAD, DISTRICT FARRUKHABAD (U.P.)

Decided On January 10, 2017
Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna Now The Bihar State Power (Holding) Company Ltd Appellant
V/S
Chandra Prakash Singh, Son Of Late Guljar Singh, Resident Of Jaitpur Ashram At And P.O. Tajpur P.S. Mohamadabad, District Farrukhabad (U.P.) Respondents

JUDGEMENT

(1.) The present Letters Patent Appeal is directed against an order dated 13th of Jan., 2015 whereby, the Circular issued by the appellant restricting overtime allowance to 150 hours was found to be violative of Articles 14 and 23 of the Constitution of India and the General Manager of the appellant was directed to examine the records and to grant legitimate payment provided under law.

(2.) The writ applicant was appointed as an Assistant Operator on 3.9.1983 and superannuated on 31st of Jan., 2011. He claimed overtime allowance having worked beyond the duty hours for 1984 hours from the year 1997 to 200

(3.) In the counter affidavit filed, the appellant admitted the claim of the writ applicant for granting overtime allowance of 150 hours, total amounting to Rs.46,928. It is the ceiling of 150 hours which has been set aside by the learned Single Bench in the order under appeal.