High CourtsSingle Bench

Paresh Chandra Singh vs Jharkhand State Electricity Board and Others

Jharkhand High Court · Decided on 9 September 2004 · Citation: (2004) 4 JCR 688b

HON’BLE JUDGES
S.J. Mukhopadhaya, Acting C.J.
ACTS & SECTIONS REFERRED
Constitution of India, 1950 — Article 226
CASE NUMBER
Writ Petition (S) No. 4305 of 2004
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Judgment

5 paragraphs · 309 words

S.J. Mukhopadhaya, A.C.J.

1.

According to petitioner, he retired from the services of Jharkhand State Electricity Board on 31st October, 2003 as Head Electrician from Jamtara Electric Supply Sub-Division, Jamtara. His grievance is that the respondents have not paid him the retrial benefits such as Provident fund, gratuity, group saving scheme, unutilized earned leave and pension etc. Counsel for the petitioner further submitted that the petitioner is entitled for arrears in the revised scale of pay but it has also not been paid to the petitioner.

2.

Having regards to the facts and circumstances of the case, as the claim made by the petitioner requires to be determined by the competent authority at first instance, instead of deciding the case on merit, it is remitted to the General Manager-cum Chief Engineer, Dumka Area, Jharkhand State Electricity Board, Dumka. The said authority will enquire the matter from the .concerned office and determine the claim and pay the admitted retrial benefits and other dues within a period of three months from the date of receipt/production of a copy of this order. So far as the arrears of salary on revision of pay is concerned,'' the authority will pay the amount, if found pay- able, in terms with the scheme, if any framed by the Jharkhand State Electricity Board. If the admitted retrial benefits are not paid within the time frame i.e. within three months from the date of receipt production of a copy of this order, the respondents shall be liable to pay interest at the rate of 5 per cent from the date of retirement except the provident fund amount which would be paid to the petitioner with up-to-date statutory interest.

3.

If the authority takes any adverse decision will communicate the decision to the petitioner within the aforesaid period.

4.

This application is disposed of with the aforesaid observations/directions.