Gopal Prasad vs Bihar State Electricity Board

V.N. Sinha, J.—None appears for the petitioner. Same was the position on 6.5.2010. Smt. Anjana Mishra states that she has filed the counter affidavit but thereafter the brief has been taken away from her by the authorities of the Bihar State Electricity Board but as her name is appearing in the daily cause list, she has come to make the aforesaid statement.

Perused the impugned order bearing Memo No. 1709 dated 14.10.1995, Annexure-1, whereunder the Electrical Executive Engineer, Barh has superannuated the petitioner with effect from 31.1.1992 in compliance of the orders of the General Manager-cum-Chief Engineer, Central Bihar Area Electricity Board, Patna bearing memo No. 7578 dated 09.10.1995. Copy of the order bearing Memo No. 7578 dated 09.10.1995 is enclosed with the counter affidavit as Annexure-A, wherefrom it appears that the date of birth of the petitioner as found recorded in his original leave account is 01.02.1932 and on that basis a committee constituted by the General Manager recommended under minutes dated 31.1.1995 that petitioner be superannuated with effect from 31.1.1992. The minutes of the Committee was not being implemented by the Executive Engineer although he was also a member of the Committee and the General Manager having taken exception of such fact under order bearing Letter No. 7578 dated 09.10.1995, Annexure-A to the counter affidavit directed the Electrical Superintending Engineer to ensure superannuation of the petitioner with effect from 31.1.1992 in compliance of the minutes of the Committee dated 31.1.1995. If the petitioner was to be superannuated treating his date of birth as 01.02.1932 steps should have been taken to superannuate him on 31.01.1992 itself but the authorities for the reasons best known to them did not take any steps on 31.1.1992 or within a reasonable time thereafter and considered the matter under minutes dated 31.1.1995 and thereafter directions were issued under letter dated 09.10.1995 in compliance whereto the impugned order dated 14.10.1995, Annexure-1 has been passed by the Executive Engineer superannuating the petitioner with retrospective effect from 31.1.1992.

It is elementary that executive orders are not made with retrospective effect and in appreciation of such fact, I quash the retrospectivity part of the impugned order dated 14.10.1995, Annexure-1 and hold that petitioner be treated to have superannuated with effect from the date of the impugned order i.e. 14.10.1995 and with such modification in the impugned order dated 14.10.1995, Annexure-1, the writ application is disposed of.