Nand Kishore Prasad vs Jharkhand State Electricity Board and Others

Poonam Srivastav, J.—Heard counsel for the Petitioner and counsel appearing on behalf of the J.S.E.B.

Counter and rejoinder has been exchanged between the parties and the writ petition is decided finally.

The writ petition was preferred in the year 2005 for a direction to the Respondents to disburse the post retiral benefits which was detailed in the writ petition. It was also asserted in the petition that a number of representations, vide Annexure5 series were given, but the Respondents have turned deaf ear and the Petitioner is suffering on daytoday basis during the pendency of the writ petition.

It appears that the post retiral benefits have been paid as asserted in paragraph6 of the counter affidavit. The details are given showing the different amounts and the different cheque numbers visavis the dates on which the disbursement has been made for ready perusal. The assertion made in the counter affidavit in paragraph6 is quoted below:

1.

GSS

Rs. 41,536.00

Cheque No. 027795

dt. 09.11.04

2.

Arrear Pension

Rs. 72,027.00

Cheque No. 004167

dt. 24.12.05

3.

DCR Gratuity

Rs. 3,30,000.00

Cheque No. 018204

dt. 20.03.06

4.

Final Withdrawal G.P.F.

Rs. 10,98,780.00

Cheque No. 021033

dt. 21.07.06

5.

Leave Encashment of 240 days

Rs. 1,73,632.00

Cheque No. 018204

dt. 20.03.06

The grievance of the Petitioner is that though he has been paid the post retiral benefits after a long delay, but he was entitled for interest on the said amount as also ruled by a Division Bench in the case of Bhagwat Narayan Jha v. State of Jharkhand and Ors. [2007 (2) JLJR 127].

The contention of the learned Counsel appears to be justified. The Petitioner is entitled for the interest at the statutory rate as payable to the Government servant.

Since the Petitioner had retired from a gazetted post as an Assistant Engineer, he is entitled for the amount of interest as well.

In the facts and circumstances, the Petitioner is permitted to make a fresh representation within a period of three weeks from today detailing therein the arrears, if any, as well as the interest at the statutory rate payable to the Petitioner, along with a certified copy of this order before the concerned authorities of the Respondents, who on receiving the representation shall calculate the same as expeditiously as possible preferably within a period of six weeks from the date the representation is made, and the entire disbursement shall be made to the Petitioner within the time frame prescribed. The Petitioner shall also be entitled to make his grievance regarding any deduction made from his post retiral benefits by the Respondents, if any. He would be given an opportunity to submit his claim after giving such an opportunity. The matter shall be decided within the time frame fixed.

The writ petition is disposed of with the aforesaid direction.