KAMAL KISHORE PRASAD Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) PETITIONER retired from service of the respondent -Board on 30.11.1993. Petitioner has filed this petition seeking direction for payment of reliral benefits like pension, gratuity and part of the G.P.F. duty pay for the period 1984 to 1988 along with statutory interest and fixation of enhanced pay as per the Wage Board Agreement. Petitioner also asked for quashment of the order dated 5.5.1999. In so far the quashment of order dated 5.5.1999 is concerned, by virtue of this order, direction was issued for disconnection of water and electricity of those employees who are holding quarters of the Board unauthorized. It is stated on behalf of the petitioner that quarter has since been vacated, the prayer for quashment of the order becomes redundant. In so far the payment of retiral benefits are concerned, petitioner is getting 90% pension and part of the G.P.F. has also been paid as per the statement made in the counter -affidavit of the Board. Petitioner in the rejoinder has stated that the part payment of G.P.F. has been made and amount deducted on account of G.P.F. is still pending. As regards payment of gratuity, according to respondents gratuity is payable in accordance with the Jharkhand Pension Rules and not under the provisions of Payment of Gratuity Act, 1972. Respondents have relied upon the notification dated 15.9.2003 issued by the Stale of Bihar granting exemption from payment of gratuity under Section 5 of the Gratuity Act. This exemption was made operational retrospectively w.e.f. 6.11.1987 as stipulated in this notification. It is contended that since the petitioner retired from service of the unified State of Bihar, the notification has application to the ease of the petitioner and gratuity is accordingly -payable in accordance with the Service Rules. There is no dispute that this notification was issued after the re - organization of the State of Bihar and has been issued by State of Bihar only and no such corresponding notification has been issued by the State of Jharkhand. In any case, this issue has been considered by his Court in W.P. (S) No. 6618 of 2004 wherein it has been observed:

(2.) IN view of the above, petitioner is entitled to gratuity in accordance with the provisions of the Gratuity Act. This petition is accordingly disposed of with a direction to the respondents to calculate the balance amount of G.P.F. payable under law and amount finally determined be paid to the petitioner. Similarly the amount of gratuity as directed above be also determined finally. Petitioner has been paid only provisional pension and gratuity at the rate of 90%. In the counter -affidavit it is stated that vigilance case was pending against the petitioner which was instituted in the year 1984. If the criminal case is pending before the competent Court of law petitioner will have to wait till the date of culmination of the criminal proceedings. However, in the event, criminal proceedings have been terminated in acquittal, petitioner shall be entitled to final pension and gratuity as directed above. However, if the petitioner has been convicted by any competent Court of law, consequence will follow accordingly. If the petitioner is found entitled to retiral benefits as directed above same be released in favour of the petitioner within three months with statutory interest as payable under Rules.