Saiyad Saleh Hassan v. The State Of Bihar Holding Company Limited And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12694 of 2018 ====================================================== Saiyad Saleh Hassan Son of late Saiyad Alay Hassan Resident of MohallaNew Kazi Mohalla, Aurangabad (B.H.), P.S.+District- Aurangabad, Bihar824101 ... ... Petitioner/s

Versus

1. The State of Bihar ( Holding ) Company Limited , Vidyut Bhawan, Bailey Road, Patna.

2. The Chief Managing Director, Bihar State Power Holding Company Limited, Vidyut Bhawan, Bailey Road, Patna.

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

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

5. General Manager Cum Chief Engineer, Magadh Electric Supply Area, Gaya.

6. Electrical Superintending Engineer, Gaya Electrical Circle,Gaya.

7. Accounts Officer, Gaya Electrical Circle, Gaya.

8. Electrical Executive Engineer, Electric Supply Division, Aurangabad.

9. Dy. Accounts Officer, Magadh Electrical Supply Area, Gaya.

10. Senior Manager (F & A), Magadh Electric Supplyu Area, Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Hriday Prasad, Advocate For the Respondent/s :

Mr. Vinay Kirti Singh For Power Holding Corporation Ltd. Dr. Anand Kumar and Mr. Bipin Kumar @ Dev ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 12-12-2018 Learned counsel for the petitioner and learned counsel appearing on behalf of the Bihar State Power Holding Corporation Ltd., Patna.

Petitioner retired from the post of Section Clerk from Electric Supply Division, Aurangabad on 31.07.2012 and he prays for fixation of pension on the last pay drawn by the petitioner, which has not been paid inspite of the specific direction by this Court in an earlier writ application bearing

Patna High Court CWJC No.12694 of 2018(2) dt.12-12-2018 2/2 CWJC No. 17103 of 2015 dated 20.07.2017.

Learned counsel for the petitioner submitted his representation before the Respondent No.5, The General Manager, Human Resources/ Administration, South Bihar Power Distribution Company Limited, Patna and also requested to fix the pension on the basis of last pay withdrawn which was Rs. 22918/- but his pension has been fixed on Rs 22170/-. Considering the nature of relief claimed by the petitioner, let the petitioner file a fresh representation before the Respondent No. 5, which will be disposed of by Respondent No. 5 within a period of three months from the date of filing of such representation and fixation of his pension and any admissible dues after re-fixation of the pension of the petitioner, would be paid within a period of one month thereafter.

(Nilu Agrawal, J) sudha/- U