Devendra Prasad Sinha v. The Chairman,Patna Electric Su

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15207 of 2011 ======================================================

1. Devendra Prasad Sinha, Retired Head Clerk Electric Supply Circle, Bankipur. S/O Late Ram Krit Singh R/O Vill. Chandhaura, P.S. Punpun, Distt. Patna.

.... .... Petitioner

Versus

1. The Chairman, Patna Electric Supply Under Taking, Patna.

2. Deputy Director Accounts, Electric Supply Undertaking, Patna.

3. Chief Engineer, Pesu, Patna.

4. Deputy Director, Central Area Board, Patna.

5. Secretary, Bihar State Electricity Board, Patna.

6. Joint Secretary, Bihar State Electricity Board, Patna.

7. Depputy Director (Personnel), B.S.E.B., Patna.

8. Fnancial Controller, Bihar State Electricity Board, Patna. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : NONE For the Respondent/s : Mr. Ajay Kumar Gautam, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI ORAL ORDER 21-01-2015 None has appeared on behalf of the petitioner. However, Mr. Ajay Kumar Gautam, learned Counsel for the respondent, is present.

With the help of this application, made under Article 226 of the Constitution of India, the petitioner, who, on 31.06.1997, retired from the post of Head Clerk from the office of Electric Supply Division, Bankipur, Patna, has sought for his retiral benefits in the shape of gratuity amounting to Rs. 1,45,990/- and G.P.F. amount of Rs.2,15,688.75/-.

By filing counter affidavit, the respondent has submitted that the petitioner, vide Memo No. 406, dated

Patna High Court CWJC No.15207 of 2011 (5) dt.21-01-2015 2/2 11.05.2006, issued by the Joint Secretary, gratuity has been sanctioned to the tune of Rs. 81,263/- and a sum of Rs. 23,988/- was paid to the petitioner; whereas the rest amount, i.e., Rs. 57,275/-, has been recovered from the gratuity amount on account of excess pay drawn by the petitioner. The petitioner was also paid Rs. 30,874/- towards the amount of GPF dues. It is further submitted that the petitioner has been paid his retiral benefits as per his entitlement.

Since the averments made in the counter affidavit has not been disputed, this writ petition is disposed of on the ground that the grievance of the writ petitioner have already been met, with, however, liberty granted to the writ petitioner to approach this Court with appropriate application, in future, if so advised, and also to take recourse to such provisions of law as may be permissible.

(I. A. Ansari, J.) Mkr./- U