SHASHI BHUSHAN PRASAD Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) PETITIONER , who was employed under the Bihar State Electricity Board at the Patratu Thermal Power Station, Patratu, Hazaribagh, had superannuated in the post of Chief Engineer (Current Charge) on 30.09.2000. After his retirement, he submitted his representation on 19.12.2000 before the concerned authorities praying for fixation of his pension etc. and for payment of other retiral dues. He was informed by the concerned authorities that due to non -receipt of the statements from the Electricity Department, Government of Bihar, regarding his pension contribution for the period of his deputation from 20.02.1973 to 22.06.1979, his pension papers could not be cleared. He was however assured that his case would be considered after consideration of the case of one S. K. Singh whose similar matter was pending. The petitioner requested the Respondent -Board to pay the rest of his retrial dues by retaining the relevant amount pertaining to the aforesaid period, from the Leave Encashment Head. Later, on 13.02.2001, the petitioner received an intimation from the Joint Secretary, B.S.E.B., Patna (Respondent No. 5) that the amount calculated at Rs.53,201.16 Paise pertaining to the aforementioned Deputation period of the petitioner, cannot be deducted from the Leave encashment Head but such deduction can be made only from the Gratuity amount. On the petitioners acceptance of the proposal, the aforesaid amount was paid to him.

(2.) WHEN despite, considerable lapse of time and repeated representations filed by him the amount of leave encashment for 240 days to the extent of Rs.1,39,452.41 Paise was not paid to him, the petitioner filed a writ petition vide W.P. (S) No. 4756 of 2003, before this Court. The writ petition was disposed of by this Court by order dated 19.09.2003, directing the petitioner to submit a fresh representation stating the details of his claim before the concerned authorities of the Bihar State Electricity Board, Patna. The petitioner accordingly, filed his representation. In reply, he was informed by the Secretary, B.S.E.B., Patna that the payment of leave encashment, Group Insurance etc. has to be made by the Sanctioning Authority i.e. the General Manager, P.T.P.S. under the Respondent -

(3.) THE contention of the petitioner is that the Respondents have illegally withheld all admitted retiral dues of the petitioner although all the similar post -retiral dues have been paid by the Respondents -J.S.E.B. to the other employees, namely, R.K. Mitra and B.K. Pore both of whom had also retired from the Patratu Thermal Power Station, Patratu, Hazaribagh prior to the reorganization of the State. It is further contended that under the Circular dated 21.01.2004 issued by the Secretary. J.S.E.B., Ranchi a decision was taken, whereby the J.S.E.B. had undertaken the liability to pay the retiral dues of all such employees including those who retired/died prior to the reorganization of the State from the places, which fell within the territorial jurisdiction of the State of Jharkhand, subject to the final allocation of the assets and liabilities between the J.S.E.B. and the B.S.E.B. by the competent authorities. Such decision was taken pursuant to an Agreement between the B.S.E.B. and the J.S.E.B. on 27.12.2003 and the same was approved even by the Supreme Court in the case of Jharkhand State Electricity Board -versus -Bihar State Electricity Board in Civil Appeal No. 1652 of 2004.