Er. Raja Ram Singh And ANR v. The Bihar State Electricity Board And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.708 of 2017 In Civil Writ Jurisdiction Case No.1974 of 2009 ======================================================

1. Er. Raja Ram Singh, Electrical Superintending Engineer (Retired) son of Late Bhuali Singh Resident of Qr. No CAB/ D - 5, Electricity Board Colony, Rajbanshi Nagar, P.S. Shastrinagar, Patna - 800023.

2. Er. Binod Kumar, Electrical Superintending Engineer (Retired) son of Late Hari Narain Prasad at present Resident of 403, Mansarovar Apartment, Akashwani Road, Khajpura, Bailey Road, P.S. Ashiyana Nagar, Patna - 800014.

... ... Appellants

Versus

1. The Bihar State Electricity Board (Now Bihar State Power Holding Company Ltd.) a corporate body constituted under the Electricity (Supply Act) 1948 having its registered office at Vidyut Bhawan, Bailey Road, Patna through its Chairman.

2. The Jharkhand State Electricity Board, through its Chairman, Abhiyanta Bhawan, H.E.C. Dhurva, Ranchi - 834004.

3. The Secretary, Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna.

4. The Secretary, Jharkhand State Electricity Board, Abhiyanta Bhawan, H.E.C., Dhurva, Ranchi - 834004.

5. The Joint Secretary, Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna.

... ... Respondents ====================================================== Appearance :

For the Appellant/s :

Mr. Rajesh Mohan, Advocate For the Respondent/s :

Mr. Anand Ojha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) 13-04-2018 Heard counsel for the appellants and counsel for the respondent erstwhile Bihar State Electricity Board. There is no infirmity in the order of the learned single Judge dated 21.03.2017 passed in C.W.J.C. No. 1974 of 2009. The enhancement of the age of the employees of the Electricity

Patna High Court LPA No.708 of 2017(6) dt.13-04-2018 2/2 Board by the State of Jharkhand cannot automatically bind the Electricity Board of the State of Bihar.

Considering the factual position and keeping in mind that when the decision was taken by the authority of Bihar, these appellants had already superannuated, the writ has been rightly dismissed.

The appeal has no merit. It is dismissed.

(Ajay Kumar Tripathi, J) ( Nilu Agrawal, J) Pawan/- U