PHANI BHUSAN ADHIKARY Vs. JHARKHAND STATE ELECTRICITY BOARD

JUDGEMENT

(1.) THE petitioner, in the instance case, joined the Bihar State Electricity Board and retired for services on 31.3.2001. He has made a grievance that he has not been paid the entire amount towards pension. G.P.F., unutilised leave encashment, over time allowances, gratuity. Group Insurance amount and other lawful tax and legal post retiral dues which have been illegally withheld by the respondents. The petitioner has further prayed for payment of interest with 25% p.a. on all the dues and to pay costs of litigation. He has also made a prayer for issuance of a writ of mandamus commanding upon the respondents not to realise penal rent from him for occupation of Quarter No. 207. Road No. 13. P.T.P.S. Colony. Patratu, Hazaribagh which was allotted to him and in which the petitioner was living and resided till 9.2.2002, The petitioner has also made a prayer for quashing the order dated 11.2.2002 (page 30 of the writ petition) by which the Estate Officer has requested the Accounts Officer to issue last pay certificate to the petitioner only after realisation of house rent in the manner indicated therein. namely rent, standard rent and penal rent. The petitioner has further made a prayer to fix his pay in the revised pay -scale as per recommendation of the 5th Pay Revision Committee w.e.f. 1.4.1996 and also to pay all arrears and/or difference of salary till the date of retirement and thereafter to fix his pension etc. arid pay 15% interest on such lawful and legal dues.

(2.) IN this case on 14.3.2002 when this matter was taken up. the Chairman of B.S.E.B. and Chairman of J.S.E.B. appeared. The Chairman. B.S.E.B. stated that the payment to the pensioners should be made by the respective Board under whose territorial jurisdiction the employees have retired or had retired. The Chairman of the J.S.E.B. however, did not agree with the suggestion given by the Chairman of the B.S.E.B. and stated that those employees who had retired prior to the creation of the J.S.E.B. his Board. i.e. the J.S.E.B. is not at all liable to pay the retiral dues rather the entire liability is of the B.S.E.B., although they may have lived or retired under the territorial jurisdiction of the J.S.E.B.

(3.) ACCORDING to Mr. Jha. although the Bihar Reorganisation Act. 2000 came into effect on and from 15.11.2000 but J.S.E.B. was created by the State of Jharkhand on 10.1.2001 vide Annexure -A appended to the counter affidavit, of the respondent Nos. 1. 2 and 3. According to him the J.S.E.B. however, became actually functional on its own w.e.f. 21.3.2001. According to him. the J.S.E.B. issued a notification on 20.3.2001 by which it took under its control all assests and employees working under the territorial Jurisdiction of the State of Jharkhand as the employees of the J.S.E.B. on provisional basis. The Notification No. 1 dated 20.3.2001 has been brought on record as Annexure -B/4 to the counter affidavit of the respondent No. 4 which has been issued by the Joint Secretary. J.S.E.B. notifying that, on and from 16.3.2001. all employees working within the territorial jurisdiction of the State of Jharkhand would be deemed to be the employees of the J.S.E.B. and a final decision in relation to cadre bifurcation etc. would be taken subsequently. According to Mr. Jha, therefore, the petitioner having retired on 31.3.2001. became a "deemed employee" of the J.S.E.B. on and from 16.3.2001 and. therefore, on the date of" his retirement he was an employee of the J.S.E.B. According to him. therefore, it. is the J.S.E.B. which will have to pay the entire retiral dues to the petitioner. According to him. under the provision of Section 62(1) the old Board shall continue till there was a new Board and as per Clause 62(3). the moment the new Board comes into existence, the old Board shall cease and be deemed to have been dissolved in respect of the territory where the old Board was functioning.