Geeta Devi vs Jharkhand State Electricity Board and Others

Aparesh Kumar Singh, J.—Heard counsel for the parties. The petitioner who is a widow, had approached this Court in the present writ application for release and payment of family pension with effect from November 2004; for refund of the amount deducted on account of penal quarter rent and electricity charges as also to furnish details of such penal rent charged; for quashing of the order dated 8th January 2003 whereby a sum of Rs. 10,162.30 has been ordered to be deducted on account of non-passing of Hindi Noting and Drafting Examination by her late husband.

According to the petitioner, her husband while working as an Assistant Storekeeper at Patratu Thermal Power Station (PTPS), retired on 31st July 2001 and died on 03rd February 2002. She had also moved this Court earlier in WPS No. 1132/2004 which was disposed of on 27th February 2004 directing the respondents to make payments of admissible post retirement dues to the petitioner. Thereafter, a contempt petition being Cont. Case (C) No. 577/2004 was preferred by the petitioner which was also disposed of on 2nd July 2005 with a direction that if the petitioner has already vacated the quarter, the balance amount of post retirement dues of her husband be paid to her latest by 15th July 2005 with interest @ 9% per annum on the balance amount.

In the present writ application, respondents at paragraph-3 of their counter affidavit, have made the following statements, which are as under:

That pursuant to order dated 14.05.2013 the petitioner has been paid a total sum of Rupees 8,84,978.00, on account of family pension, for the period from November 2004 to May 2013 amounting to Rupees 8,47,541.00, rupees 9,253.00 on account of refund of scooter advance and rupees 28,184.00 on account of statutory interest on gratuity thus a total sum of rupees 8,84,978.00 has been paid to the petitioner vide cheque No. 051165 dated 25.06.2013.

Letter No. 25th June 2013 showing payment of the aforesaid amount has also been annexed as Annexure-A series to the counter affidavit.

Further grievance of the petitioner is that no details of the deduction made towards penal quarter rent and electricity charges, have been disclosed by the respondents. The deduction of Rs. 10,162.30 after the death of her husband on account of non-passing of Hindi Noting and Drafting Examination is also fit to be quashed.

Learned counsel for the respondents however opposes the prayer relating to the refund of the aforesaid amounts on account of penal rent and electricity charges and deductions made on account of non-passing of Hindi Noting and Drafting Examination.

I have heard counsel for the parties. Perusal of the counter affidavit filed on behalf of the respondent JSEB shows that the total sum of Rs. 8,84,978.00 has been paid to the petitioner on account of family pension for the period November 2004 to May 2013; on account of refund of scooter advance and also on account of statutory interest on gratuity vide cheque dated 25th June 2013. Respondents have however not disclosed the details of deductions made on account of penal quarter rent and electricity charges, though it is the case of the petitioner that she had vacated the quarter in February 2004. In the circumstances, the petitioner is allowed to make a representation before the Respondent No. 3-General Manager-cum-Chief Engineer, Patratu Thermal Power Station, Patratu, Hazaribagh for redressal of her aforesaid grievances relating to details of penal quarter rent and electricity charges, till she has vacated the quarter. On receipt of the same, the same shall be furnished to the petitioner within a period of six weeks thereafter. If the petitioner is aggrieved with the charging of penal quarter rent and electricity charges, it will be open to her to agitate such grievance before an appropriate forum, in accordance with law. So far as the order dated 8th January 2003 (Annexure-5), whereby deduction of Rs. 10,162.30 has been made for non-passing of Hindi Noting and Drafting Examination, is concerned, the same cannot be sustained in law as well as on facts, as the order has been passed apparently without any opportunity or show-cause to the petitioner and that too, after the death of her husband on 3rd February 2002. The said impugned order dated 8th January 2003 (Annexure-5) has to go and is accordingly quashed. Respondents are directed to refund the aforesaid amount of Rs. 10,162.30 to the petitioner within a period of six weeks from the date of receipt/production of a copy of this order.

The writ petition is disposed of in the aforesaid terms.