Ram Chandra Singh v. The Chairman, The Bihar State Power Holding Company Ltd. And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4446 of 2015 ====================================================== Ram Chandra Singh. Son of Late Kamal Singh. Resident of Village - Yurganwa, P.S.- & P.O.- Kundwa Chainpur, District - East Champaran. .... .... Petitioner/s
Versus
1. The Chairman, The Bihar State Power Holding Company Limited, Vidyut Bhawan, Bailey Road, Bihar, Patna.
2. The Secretary, the Bihar State Power Holding Company Ltd., Vidyut Bhawan, Bailey Road, Bihar, Patna.
3. The Additional Secretary, the Bihar State Power Holding Company Ltd., Vidyut Bhawan, Bailey Road, Bihar, Patna.
4. The Secretary/Director, the Bihar State Power Holding Company Ltd., North Bihar Circle, Vidyut Bhawan, Bailey Road, Bihar, Patna.
5. The General Manager-cum-Chief Engineer, the Bihar State Power Holding Company Ltd., Tirhut Area, Muzaffarpur.
6. The Financial Controller, the Bihar State Power Holding Company Ltd., Vidyut Bhawan, Bailey Road, Bihar, Patna.
7. The Deputy Director of Accounts, Power Holding Company Ltd., Tirhut Electric Supply Area, Muzaffarpur.
8. The Superintending Engineer, the Power Holding Circle, Tirhut Electric Supply Area, Muzaffarpur.
9. The Executive Engineer, the Power Holding Company, Electric Supply Division, Sitamarhi.
.... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Jiwan Prakash Sinha, Adv. For the Respondent/s : None ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 03-04-2015 Heard learned counsel for the petitioner. No one appears for the respondents.
The prayer of the petitioner in this writ application reads as follows:- "1.
------ directing and commanding the respondents concerned to discharge the statutory post retrial dues especially the P.R.C. amount which is pending since long in the light of the decisions of the 6th
Patna High Court CWJC No.4446 of 2015 (2) dt.03-04-2015 Pay Revision Committee's Report with interest." Learned counsel for the petitioner, in support of the aforementioned prayer, has straightway referred to the letter of the Accounts Officer of the Electric Supply Division, Sitamarhi dated 19.7.2014 as contained in Annexure-3 to show that the arrear of 6th P.R.C. of the pensioners including the petitioner despite being demanded from Senior Manager of the Finance/Accounts of the North Bihar Power Distribution Company Limited, the successor of the Bihar Electricity Board, has not been released. As stated above, there is no appearance on the behalf of the respondent but, then, there is no doubt that that the petitioner is a retired employee of the Bihar State Electricity Board who had superannuated on 28.2.
2002 as a Typist from the office of the Electrical Executive Engineer, Electric Supply Division, Sitamarhi and that even after payment of his all retirement benefit, he is found to be entitled for payment of certain arrear in terms of the 6th P.R.C. report as accepted by the respondent. From the chart enclosed with the aforementioned letter dated 19.7.2014, it would transpire that a sum of Rs. 38,743/- was found to be payable by way of arrears to the petitioner for the period 1.4.2007 to 31.8.2009.
Patna High Court CWJC No.4446 of 2015 (2) dt.03-04-2015 respondents to ensure that if the aforesaid amount of Rs. 38,743/- is legally admissible and payable to the petitioner, the payment thereof must be made to the petitioner within a period of three months from the date of receipt/production of a copy of this order. It, however, goes without saying that for any justified reason, the respondents do not find the petitioner entitled for payment of such arrear, reasons in support of the same must be communicated to the petitioner within the same period of three months.
With the aforementioned observation and direction, this application is disposed of.
(Mihir Kumar Jha, J) Rishi/- U