Brij Bihari Pandey v. The Bihar State Electricity Board And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2831 of 2014 ====================================================== Brij Bihari Pandey Son Of Late Basudeo Pandey Resident Of Village - Turi, Mohalla - Pandey Tola, P.S. Muffasil Arrah, District - Bhojpur ... ... Petitioner/s
Versus
1.
The Bihar State Electricity Board and Ors Bidyut Bhawan, Bailey Road, Patna 2.
Managing Director, South Bihar, Power Holding Company Ltd., Bidyut Bhawan, Bailey Road, Patna 3.
General Manager - Cum - Chief Engineer, Magadh Electric Area, Gaya 4.
Electrical Superintending Engineer, Electrical Circle, Gaya East Gaya ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Satyendra Narayan Singh, Advocate For the Respondent/s :
Mr.Nikesh Kumar, Advocate :
Mr. Vijay Nandan Sahay, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL ORDER 28-03-2025
1. Heard the Learned counsel for the petitioner as well as the Learned counsel for the respondents.
2. The Writ petition is filed to direct the respondents for the payment of retiral benefits to the petitioner, i.e. pension, gratuity, group insurance, provident funds and benefits of the accumulated leave with interest which have not been paid to the petitioner, except for an amount
2/4 of Rs. 22,000/- towards the provident fund, which was deducted from the salary of the petitioner.
3. A detailed counter affidavit has been filed on behalf of the respondents stating that apart from the provident fund an amount of Rs. 11,213/- under group insurance scheme was also paid to the petitioner.
4. The Writ petition further disclose that the petitioner has made a representation on 30.12.2010 for payment of his retiral benefits and contended that his pension was not granted. The record reveals that the petitioner superannuated on 31.12.2009 and he made a representation on 30.12.2010 i.e. after a lapse of one year for the grant of pension, gratuity, group insurance, provident fund and other benefits of accumulated leave with interest.
5. As per the rules, pension papers in
3/4 three must be submitted by the petitioner, six months prior to his retirement to enable the processing for grant of pension.
6. Admittedly, the petitioner did not submit any pension papers to the respondents to enable them to process and to pay the pension, therefore, the petitioner is directed to submit his pension papers before the appropriate authority and also directed to make a fresh representation for his gratuity and other benefits including accumulated leave, to enable the respondents to pass appropriate orders.
7.
The petitioner shall make his representation along with his pension papers within six weeks from the date of receipt of this order before the respondent authorities and in turn, the respondents shall process the pension paper of the petitioner and shall pass appropriate
4/4 order, as per the rule, within three months from the date of filing of the petition.
8. With the aforesaid observation, the Writ petition is disposed of.
(G. Anupama Chakravarthy, J) amitkr/- U