Tek Narayan Mahto v. The South Bihar Power Distribution Company Ltd. And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11429 of 2014 ===========================================================

1. Tek Narayan Mahto S/o Late Prasidh Mahto, resident of Anauli, P.S.- Bhagwanganj, District- Patna ... .... Petitioner/s

Versus

1. The Bihar State Electricity Board, Now South Bihar Power Distribution Limited through its M.D. Patna

2. The Secretary, Bihar State Electricity Board, Patna

3. The Electrical Executive Engineer, Rajendra Nagar, Patna

4. The Junior Electrical Engineer, Rajendra Nagar, Patna .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Sinha For the Respondent/s : Mr. Vinay Kirti Singh =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 05-05-2016 The writ application is disposed of with an observation that final pension of the petitioner can only be settled after conclusion of the criminal case in which petitioner has been charge-sheeted under various offices under the IPC including 364, 302 etc. Counsel for the Power Holding Company informs the Court that provisional pension has already been granted. The final settlement, therefore, cannot be made in view of pendency of the criminal case, which is not a matter of dispute. No sooner the trial court exonerates the petitioner, he has liberty to assert his claim for final pension and payment of gratuity by moving the authorities of the Company.

Patna High Court CWJC No.11429 of 2014 dt.05-05-2016 2/2 Writ is disposed of with the above observation. (Ajay Kumar Tripathi, J) sk AFR/NAFR NAFR CAV DATE Uploading Date 5.5.2016 Transmission Date