Kiran Lal v. The Chairman-Cum-Secretary, South Bihar Power Holding Co. Ltd.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8080 of 2022 ====================================================== Kiran Lal Son of Late Chotan Ram, Resident of Mohalla-Kagazi Mohalla, P.O. and P.S.-Biharsharif, District-Nalanda, Pin-803101. ... ... Petitioner/s
Versus
1.
The Chairman-cum-Secretary, South Bihar Power Holding Co. Ltd. Vidyut Bhawan, Bailey Road, Patna.
2.
The G.M.-cum-Managing Director, South Bihar Power Holding Co. Ltd., Patna.
3.
The Superintending Engineer, Bijli Office, Biharsharif, District-Nalanda. 4.
The Executive Engineer, Bijli Office, Biharsharif, District-Nalanda. 5.
The S.D.O., M.R.T. No. 1, Bijli Office, Biharsharif, District-Nalanda. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Satya Ranjan Sinha, Adv.
:
Ms. Seema Kumar, Adv.
:
Mr. Dhananjay Kumar, Adv.
For the SBPDCL :
Dr. Anand Kumar, Adv.
:
Mr. Rajan Prakash, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 14-11-2024 At the outset, learned Advocate for the petitioner seeks permission to file the hard copy of the counter affidavit.
2. Permission is accorded. The same is taken on record.
3. Heard Mr. Satya Ranjan Sinha, learned Advocate for the petitioner and Dr. Anand Kumar, Learned Advocate for the South Bihar Power Holding Company Ltd.
4. The petitioner superannuated on 31.12.2019 from the post of Junior Lineman, Biharsharif, Nalanda, has approached this Court seeking a direction upon the respondent
Patna High Court CWJC No.8080 of 2022(4) dt.14-11-2024 2/3 Power Holding Company Ltd. to ensure the payment of all his admissible retiral benefits and other dues.
5. A counter affidavit has been filed on behalf of the respondent nos. 1 to 5 and a submission has been made that all the admissible amount has been paid to the petitioner. With regard to the aforesaid submission in Paragraph No. 8 of the counter affidavit, the particulars have been categorically mentioned, which reads as follows:
"8. That the retiral benefits of the petitioner has been already been paid in the following manners:- S. No. Particulars Payment Position 1.
Pension He is getting pension every month.
2.
Gratuity Rs. 11,29,343/- has been paid on 27.12.2019.
3.
Leave Encashment Rs. 6,84,450/- has been paid on 21.12.2019.
4.
GSS Rs. 1,83,07/- has been paid on 24.12.2019.
5.
GPF Rs. 11,15,298/- has been paid on 27.01.2020.
6.
Revised GPF Rs. 4000/- has been paid on 15.03.2022.
From perusal of above chart, it is amply clear that all retiral dues have been paid to the petitioner. Moreover, after submission of his representation dated 16.12.200, he has been informed vide Letter No. 617 dated 19.04.2022 enclosing office Order No. 172 dated 27.12.2019
Patna High Court CWJC No.8080 of 2022(4) dt.14-11-2024 3/3 and office Order No. 28 dated 28.02.2022 by Senior Manager (Finance), SBPDCL."
6. At this juncture, learned Advocate for the petitioner submits that from the counter affidavit it appears that some amount has been paid belatedly, and, as such, the same was required to be paid along with the statutory as well as penal interest. Apart from the amount shown to have been paid under the retiral benefits head, still the petitioner has some due claim which has not been acceded to.
7. Considering the submissions advanced on behalf of the learned Advocate for the respective parties and taking note of the averments made in the counter affidavit, this Court is satisfied that all the substantive amount has been paid to the petitioner. However, if the petitioner has still any grievance, the petitioner may approach before the respondent no. 2 for redressal of his grievance.
8. The writ petition stands disposed off.
(Harish Kumar, J.) Jyoti Kumari/- U