Shambhu Nath Tiwari v. The Bihar State Power Holding Company Limited. And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 2376 of 2014 ====================================================== Shambhu Nath Tiwari Son of Late Ram Narayan Tiwari, Resident of South Bailey Road, Saguna More (West of Judges Colony), Road No. 2, Danapur, P.S.- Danapur, District- Patna .... .... Petitioner

Versus

1. The Bihar State Power Holding Company Limited through its Chief Managing Director, Vidyut Bhawan, Bailey Road, Patna

2. The Secretary, Bihar State Power Holding Company Limited, Vidyut Bhawan, Bailey Road, Patna

3. The Joint Secretary, Bihar State Power Holding Company Limited, Vidyut Bhawan, Bailey Road, Patna

4. Finance Controller-I, Bihar State Power Holding Company Limited, Vidyut Bhawan, Bailey Road, Patna

5. The DGM (Finance-Terminal Benefits), Bihar State Power Holding Company Limited, Vidyut Bhawan, Bailey Road, Patna

6. The Senior Manager (Finance and Accounts) (Sect.), Bihar State Power Holding Company Limited, Vidyut Bhawan, Bailey Road, Patna

7. The General Manager cum Chief Engineer, Bhagalpur Electric Supply Area, South Bihar Power Distribution Company Limited, Bhagalpur

8. Senior Manager (Finance and A/C), Bhagalpur Electric Supply Area, South Bihar Power Distribution Company Limited, Bhagalpur .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Bajarangi Lal For the Respondent/s : Mr. Vijay Kumar Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 4.

13-01-2015 Heard Sri Bajarangi Lal, learned counsel for the petitioner and Sri Vijay Kumar Verma, learned counsel for respondents/Bihar State Power Holding Co. Ltd. The present writ petition has been filed to direct the respondents to make payment of arrear of pension, leave encashment and other admissible dues.

In this case, a counter affidavit has been filed by respondents, wherein, it has been indicated that almost all the retiral dues of the petitioner has already been paid.

Patna High Court CWJC No.2376 of 2014 (4) dt.13-01-2015 2/2 Learned counsel for the petitioner accepts that most of the retiral dues have been paid, but he submits that still there are some differential amount, which is required to be paid by the respondents.

Keeping in view the fact that most of the retiral dues has already been paid, there is no need to keep the matter pending. The writ petition stands disposed of with an indication that if still petitioner feels that any grievance exists, he would be at liberty to file a detailed representation before the respondent no. 2/Secretary, Bihar State Power Holding Co. Ltd. If such representation giving details is filed within a period of one month from today, the respondent no. 2 is required to examine the same and if he considers the claim of petitioner as genuine, he is directed to ensure payment of the same. Even in case of refusal, the respondent no. 2 is directed to pass a speaking order and communicate the same to the petitioner. Either in case of payment or refusal, decision is to be taken within a period of two months after filing of representation by the petitioner. With above observation and direction, the writ petition stands disposed of.

(Rakesh Kumar, J.) Anay/- U