Sheo Warat Sao v. The Bihar State Electricity Bord And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8962 of 2015 ======================================================

1. Sheo Warat Sao, S/o Late Baijnath Sao, Resident of Village- Panari, P.O.- Panari, P.S.- Bela, District- Gaya at presently residing at VillageBhadaunipar, P.O.- Nawada, P.S.- Nawada, District- Nawada. .... .... Petitioner/s

Versus

1. The Bihar State Electricity Board now known as Bihar State Power Holding Company Limited through its Chairman cum Managing Director, Vidyut Bhawan, Bailey Road, Patna.

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

3. The Director (Administration), Bihar State Power Holding Company Limited, Vidyut Bhawan, Bailey Road, Patna.

4. The General Manager, (Human Resources), South Bihar Power Distribution Company Limited, Vidyut Bhawan, Bailey Road, Patna.

5. The General Manager cum Electrical Superintending Engineer, Central Electric Supply Area, 8- Serpentine Road, Patna.

6. The Electrical Superintending Engineer, Electric Supply Circle, Nalanda, Bihar Sharif.

7. The Electrical Executive Engineer, Electrical Supply Division, Nawada. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dharmendra Kumar Sinha For the Respondent/s : Mr. Vinay Kirti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 13-05-2016 Heard the counsel for the petitioner and the respondent -Bihar State Power Holding Company Limited ( for short 'the Company') and its functionaries.

A counter affidavit is filed on behalf of the Company.

The petitioner is getting only 90% pension. A further grievance was raised that he has not been paid the full amount of gratuity. For payment of the dues under the head(s) pension and gratuity the writ petition is filed. In the counter affidavit, it is stated that the

Patna High Court CWJC No.8962 of 2015 (6) dt.13-05-2016 2/2 petitioner has been sanctioned full pension as well as gratuity amount upon his superannuation from service on 31.1.2012. The other retiral dues under the head(s) GSS, leave encashment, GPF and arrear of pension were earlier paid to the petitioner. Annexure-A is the sanction order from which it appears that while making payment of the dues under the head gratuity a sum of Rs. 152203/- has been directed to be recovered. This is on account of having served stealthily beyond his date of superannuation. The counsel for the petitioner prays that a liberty be granted to the petitioner to assail the aforesaid order directing recovery from the retiral benefits (gratuity) of the petitioner by the respondents. Seen thus, it appears the admissible dues under the head(s) which includes pension and gratuity have already been sanctioned to the petitioner and authorized . The writ application stands disposed of.

Disposal of this application shall not preclude the petitioner from raising a grievance against such recovery of the amount from the retiral benefits of the petitioner by the respondent-Company.

(Kishore Kumar Mandal, J) Shyam/- U