Kumar Lalit Mohan Sinha v. The Chairman Cum Chief Managing Director, Bihar State Power Holding Company Limited And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10082 of 2015 ====================================================== Kumar Lalit Mohan Sinha son of Late Suryadeo Singh, resident of villageManasa Bigha, Police Station- Khizarsarai, District- Gaya. .... .... Petitioner

Versus

1. The Chairman-Cum-Chief Managing Director, Bihar State Power Holding Company Limited, Vidyut Bhawan, Bailey Road, Patna.

2. Managing Director, South Bihar Power Distribution Company Limited, Vidyut Bhawan, Bailey Road, Patna.

3. Senior Manager (Finance and Accounts), South Bihar power Distribution Company Limited, Vidyut Bhawant, Bailey Road, Patna.

4. Deputy General Manager-cum-Electrical Engineer, Electricity Supply Division (Central), Patna.

5. Executive Engineer, Electricity Supply Division, Bhojpur at Ara. .... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Manish Kumar, Advocate For the Respondents : Mrs. Namrata Mishra, Advocate ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 13-07-2015 As prayed, learned counsel for the petitioner is permitted to implead the Executive Engineer, Electricity Supply Division, Bhojpur at Ara as respondent no.5 in course of the day.

I have heard learned counsel for the petitioner and the respondents.

It is contended on behalf of the petitioner that he retired on 31.10.2014 from the post of Head Clerk, Bhojpur Electrical Circle, Bhojpur, Ara. The petitioner has got other retiral benefits but he is yet to get interest upon the gratuity amount as well as his G.P.F. along with

Patna High Court CWJC No.10082 of 2015 (2) dt.13-07-2015 2/3 statutory interest and the amount due against the G.S.S. along with interest.

In above view of the matter, the petitioner is directed to approach the respondent no.6, i.e., the Executive Engineer, Electricity Supply Division, Bhojpur at Ara by filing a representation along with a copy of this order. On such representation having been made, let the concerned respondent consider the case of the petitioner and take a decision regarding payment of G.P.F., G.S.S. and interest upon gratuity in accordance with law within a period of six weeks from the date of filing of the same. In case, it is found that the petitioner is entitled for the same then immediate steps for payment of the same be taken within a further period of two weeks failing which the petitioner would be entitled for simple interest on the unpaid amount @ 10% per annum to be calculated from the date the same became due till its final payment.

It is made clear that if the respondent no.

Patna High Court CWJC No.10082 of 2015 (2) dt.13-07-2015 3/3 petitioner and thereafter, such competent authority would be required to follow the direction of this Court. Accordingly, this writ application stands disposed of.

(Dr. Ravi Ranjan, J) N.H./- U