Akhileshwer Prasad Singh v. The Bihar State Power Transmission Company Ltd And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6122 of 2015 ====================================================== Akhileshwer Prasad Singh, Son of Late Ajab Lal Singh, Resident of village - Suraha, P.S.- Kharik Bazar, District - Bhagalpur. .... .... Petitioner/s

Versus

1. The Bihar State Power ( Transmission ) Company Limited through its Managing Director, Vidyut Bhawan, Bailey Road, Patna.

2. The Managing Director, Bihar State Power (Transmission) Company Limited Vidyut Bhawan, Bailey Road, Patna.

3. The Deputy Managing Director (Human Resources and Administration), Bihar State Power (Transmission) Company Limited Vidyut Bhawan, Bailey Road, Patna.

4. The Secretary, Bihar State Power (Transmission) Company Limited Vidyut Bhawan, Bailey Road, Patna.

5. The Joint Secretary, Bihar State Power (Transmission) Company Limited Vidyut Bhawan, Bailey Road, Patna.

6. Senior Manager Finance & Account, Bihar State Power (Transmission) Company Limited , Bailey Road, Patna.

7. The General Manager cum Chief Engineer, Bihar State Power (Transmission) Company Limited, Transmission Zone Muzaffarpur.

8. The Superintending Engineer, Bihar State Power (Transmission) Company Limited, Transmission Circle, Purnea.

9. The Executive Engineer, Bihar State Power (Transmission) Company Limited, Transmission Circle & Division, Purnea.

10. The Assistant Engineer, Bihar State Power (Transmission) Company Limited, Transmission Circle (Store), Purnea.

11. The Assistant Engineer, Bihar State Power (Transmission) Company Limited, Transmission Sub-Division, Purnea.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bam Bahadur Jha, Advocate.

For the Respondent/s :

Mr. Vinay Kirti Singh, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 29-06-2015 Heard learned counsel for the parties.

2. Having regard to the fact that the petitioner was a Store Keeper, who has retired on 31.01.2013 and has a grievance for non-payment of full and final amount of retirement benefit, this Court, on perusal of the material on record, would find that the petitioner has to blame himself of non-payment of retirement

Patna High Court CWJC No.6122 of 2015 (2) dt.29-06-2015 2/2 benefit. Admittedly, the petitioner, being Storekeeper or the custodian of the material under his control and, therefore, if he has not handed over the full charge of the Stores as yet he can never be paid the full amount of retirement benefit.

3. Thus, if the petitioner even now hands over full charge of the Store under his control and also satisfies his controlling and competent authority with regard to such handing over of the complete charge of the documents and/or material the competent authority shall issue the consequential a No Objection Certificate which thereafter will be examined and acted upon for the purpose of grant of full and final pension to him.

4. It is made clear that if the petitioner does not hand over the charge of the materials and/or other things entrusted to him in capacity of storekeeper he shall not be paid the full amount of pension and gratuity. The payment of any and every retirement benefit including pension and gratuity to the petitioner, in fact, will depend on the out come of the satisfaction of the authorities with regard to handing over the charge of the Stores by the petitioner.

5. With the aforementioned observation and direction, this writ application is disposed of.

(Mihir Kumar Jha, J) Sujit/- U