Kalu Tudu vs J.S.E.B. and Others

S.J. Mukhopadhaya, J.—The petitioner retired as Junior Lineman on 15th August, 2000 from Electric Supply Division, Deoghar.

After his retirement, though he was paid the retiral benefits such as GSS, leave encashment and pension in the old scale, but having not been paid the other retiral benefits, has preferred the writ petition.

The claim of the petitioner is that the respondents should pay him the Gratuity, GPF, arrears on revision of pension and other dues, such as overtime etc.

The counsel for both the Electricity Boards stated that they cannot assist the Court in absence of any instructions.

However, as the matter relates to payment of retiral benefits and requires determination by the respondents at the first instance, it is not necessary to hear the respondents for the present.

The issue as the who amongst the Electricity Boards, namely, Bihar or Jharkhand State Electricity Board will pay the retiral benefits to an employee retired prior to 1st of April, 2001, fell for consideration before a Bench of this Court in the case of Jhabhu Pandit and Ors. v. J.S.E.B. and Ors., reported in 2002 (2) JCR 372 (Jhr) in WP (S) No. 8053 of 2002 and analogous cases and this Court vide its judgment dated 17th May, 2002, held that those who were posted in the area now falls within the State of Jharkhand, the competent authority of JSEB is liable to pay.

In view of the decision aforesaid, the case is remitted with direction to the respondents authorised of JSEB petitioner within three months, failing which they will be liable to pay interest @ 5% from the date of retirement, apart from statutory interest.

If the respondents dispute any claim part thereof, will forward the ground to the petitioner within the period aforesaid.

If the petitioner intends to draw pension from Dumka instead of Deoghar, may represent the matter before the competent authority who will pass appropriate order within the period aforesaid.

The writ petition stands disposed of.