RAMESHWAR PRASAD Vs. JHARKHAND STATE ELECTRICITY BOARD, RANCHI

JUDGEMENT

(1.) AMARESHWAR Sahay JThis letters patent appeal has been filed against the judgment/order dated 16/02/2005, passed by the learned Single Judge in W.P. (S) No. 4087 of 2004, whereby the learned Single Judge refused to grant any relief to the writ petitioner and consequently, dismissed the writ petition filed by him.

(2.) THE relevant facts, in short, are that the appellant retired as Accounts Assistant, from the service of the Jharkhand State Electricity Board on 31/10/2000. According to him, at the time of retirement he was getting Rs. 10,120/ -p.m. but his pension was wrongly fixed at Rs. 9670/ -p.m. in place of Rs. 10,120/ -p.m., i.e. on the basis of the last pay drawn by him at the time of his retirement. Challenging the wrong fixation of his pension, he filed WPS No. 2298/2003, which was disposed of by order dated 25/09/2003, giving him liberty to approach the Secretary of the Electricity Board for determination as to whether the pension of the writ petitioner was properly fixed or not. The petitioner/ appellant thereafter, approached the Board by filing a representation, which was considered and disposed of by the Secretary of Jharkhand State Electricity Board by order dated 03/06/2004, holding that the pension of the writ petitioner/appellant was rightly fixed at Rs. 9670/ -p.m. The writ petitioner/appellant thereafter, challenged the said order dated 03/06/2004 of the Secretary, J.S.E.B. by filing W.P.S. no. 4087 of 2004, which has been dismissed by the learned Single Judge by order dated 16/02/2005 against which the present appeal has been filed by the writ petitioner.

(3.) THE learned counsel for the appellant submitted that the pension of the appellant was wrongly fixed at Rs. 9670/ -p.m. and it ought to have been fixed on the basis of the last pay drawn by him at the time of superannuation. In support of his submissions, he has relied on a decision of this Court in the case of "Arjun Prasad Yadav versus -State of Jharkhand, reported in 2003 (4) JCR, 682 (Jhr.) . 2004 (1) JCR 324  and, thereafter, held that no employ can claim right over a benefit which he got wrongly or by mistake, on the ground of long lapse of time or equity. It is the duty of the State Government/Government Instrumentalities to follow the direction contained in paragraph -6 of the judgment of "Smt. Girish Kumari Prasad  (Supra) and stop this racket without any further delay.