AKHILESHWAR PRASAD Vs. JHARKHAND STATE ELECTRICITY BOARD

JUDGEMENT

(1.) THE petitioners of all the abovementioned writ petitions were in the service of the erstwhile Bihar State Electricity Board, Patna (hereinafter to be referred as 'Erstwhile State Electricity Board1). They retired prior to creation of Jharkhand State Electricity Board, Ranchi (hereinafter to be referred as (J.S.E.B.) and present Bihar State Electricity Board, Patna (hereinafter to be referred as 'B.S.E.B.') i.e. prior to 1st April, 2001. They had been getting their pensions after retirement but after the creation of the said separate Board i.e. J.S.E.B. and 'B.S.E.B., payments or pensions have been suddenly stopped since June, 2005. The two Boards are now passing buck on one another for the financial liability to be born in paying previous and other dues of the petitioners. However, both the Board have admitted that the petitioners are entitled to get pension and other benefits as they are retired employees of the erstwhile State Electricity Board. The only dispute is regarding liability of payments of the dues and pensions of the petitioners, which they respectively deny and which ultimately culminated into the stoppage of pension of the petitioners leaving them to lurches in their old age.

(2.) TAKING into consideration the aforesaid background, all the case were heard together and are being disposed of by this common order at the admission stage itself with the consent of the parties.

(3.) WE are told that a suit is pending before the Supreme Court, involving inter State dispute regarding apportioned of assets and liabilities of the erstwhile State Electricity Board and it was suggested to await the final decision in the said suit. But in view of the nature of plight of the petitioners, who are put to starvation and penury by stopping their pension, and the issue being "who is liable to pay pension", this decision is being rendered, subject to final decision and decree of the Supreme Court in regard to apportionment of assets and liabilities.