TAPESHWAR SINGH Vs. JHARKHAND STATE ELECTRICITY BOARD

JUDGEMENT

(1.) Prayer in the writ petition is for payment of arrears of salary and arrears of leave encashment accrued on account of 5th pay revision, with interest.

(2.) The petitioner superannuated from service on 31.01.1999 from the post of Assistant Electrical Engineer and he was paid his retirement benefits by the then Bihar State Electricity Board, however, benefits under 5th pay revision were not paid with effect from 01.04.1997. The petitioner has pleaded that the respondentBSEB calculated the revised amount of unutilized leave on 06.09.2005 and a copy of the said calculation was forwarded to the Account Officer, Electric Supply Circle, Hazaribagh through letter dated 06.09.2005. It is further pleaded that the benefits under Selection Grade with effect from 01.08.1998 was also not paid to the petitioner. Mr. Dhananjay Kumar Pathak, the learned counsel for the petitioner submits that this benefit was also calculated by the respondents which would appear from calculation vide Annexure2 dated 13.03.2012 and the petitioner is entitled for payment of Rs.5,845/ on that count.

(3.) In the counteraffidavit the respondentBSEB has pleaded that in compliance of order dated 101.2011 passed in C.W.J.C. No.526 of 2011 timebound promotion with effect from 01.08.1998 was granted to the petitioner. It is admitted by the respondentBSEB that arrears of gratuity and pension have been paid to the petitioner by it in the light of Resolution dated 02.02012, however, liability to pay arrears of leave encashment and arrears of salary shall be the liability of the Jharkhand State Electricity Board. In the counteraffidavit filed on behalf of the then JSEB it has been pleaded that in view of decisions in "Akhileshwar Prasad vs Bihar State Electricity Board & Ors., (2006) 2 JCR 418(Jhr) and Civil Appeal No.5338 of 2006 the claim of the petitioner shall be paid by the respondentBSEB.