KUSHESHWAR LAL DAS Vs. JHARKHAND STATE ELECTRICITY BOARD

JUDGEMENT

(1.) THE present writ petition has been filed for the following reliefs:

(2.) I have heard the arguments. The matter revolves round the circular annexed with the counter -affidavit filed by the respondent at page -7 dated 9.10.1997 wherein it is stated that if the employees of the Board do not vacate the quarter and forcibly occupy the same in an unauthorized manner even after retirement then the management can withhold Gratuity/Leave encashment/commutation of pension till they vacate the Board's quarters.

(3.) I find force in the argument of the counsel for the petitioner but at the same time he has also brought to my notice two decision of this Hon'ble Court passed in C.W.J.C. No. 3179/2000(R) and W.P.(S) No. 2723 of 2001 wherein this Hon'ble Court had directed that in case the Borad realized the penal rent from the petitioner they will be liable to pay penal interest in favour of the petitioner for delayed payment of retiral benefits at the rate (percentage or number of times) to be calculated from the date of retirement till the same is paid.