Rajiv Ranjan Singh v. The Bihar State Power (Holding) Co. Ltd. Through Its Chairman Cum Managing Director

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17585 of 2022 ====================================================== Rajiv Ranjan Singh, Son of Krishna Prasad Singh, R/o Flat No. 302, Sheeladev Enclave, Road No. 02, East Patel Nagar, PO and PS- L.B.S. Nagar Patna, Phulwari, District- Patna, Bihar.

... ... Petitioner

Versus

1.

The Bihar State Power (Holding) Co. Ltd. through its Chairman cum Managing Director Bihar State Power (Holding) Co. Ltd., Vidyut Bhawan, Bailey Road, Patna.

2.

Chairman cum Managing Director, BHPSCL, Vidyut Bhawan, Bailey Road, Patna.

3.

Managing Director, Bihar State Power Generation Company Ltd. (BSPGCL).

4.

General Manager, HR and Administration, Bihar State Power Generation Company Ltd. (BSPGCL).

5.

Under Secretary, Bihar State Power Generation Company Ltd. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

None.

For the Respondent/s :

Mr. A.K. Ojha, Adv.

Mr. A.K. Karna, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 12-12-2023 None appears on behalf of the petitioner.

2. Earlier also, when the matter was taken up on 04.12.2023 and 11.12.2023, there was none to represent the petitioner.

3. It is to be noted that the petitioner by filing the

Patna High Court CWJC No.17585 of 2022 dt.12-12-2023 2/3 present writ petition seeking quashing of the part of the order contained in Memo No. 204 dated 07.04.2022 issued under the signature of respondent no.5, Under Secretary, Bihar State Power Generation Company Ltd., by which 10% pension as well as the entire gratuity and payment of cash in lieu of unutilized earned leave of the petitioner have been withheld on the ground of pendency of a judicial proceeding.

4. The case of the petitioner is based on parity that the persons, who are holding higher post, namely, Ranjan Prasad, Chief Engineer, BSPGCL and Vijay Kumar, GM (Finance) North Bihar Power Distribution Company Ltd., who were also made accused, have been allowed all the benefits of their terminal dues. However, discrimination has been caused and the petitioner has not been accorded the benefit of the gratuity as well as leave encashment.

5. Considering the fact that there is none to represent the petitioner, the writ petition stands disposed of with a liberty to the petitioner to file a proper representation before respondent no.3, Managing Director, Bihar State Power Generation Company Ltd., who shall look into the matter and pass a reasoned and speaking order.

6. Needless to observe that if the case of the petitioner

Patna High Court CWJC No.17585 of 2022 dt.12-12-2023 3/3 is found identical to those with whom the petitioner seeking parity, similar relief(s) shall be granted to the petitioner. (Harish Kumar, J) rohit/- AFR/NAFR NAFR CAV DATE NA Uploading Date 13-12-2023 Transmission Date