Tara Charan Pramanik vs Jharkhand State Electricity Board and Others

S.J. Mukhopadhaya, J.—This writ petition has been preferred by the petitioner for payment of retiral benefits.

The counsel for the JSEB & BSEB pray for some time to obtain instructions and file counter affidavits. However, as this Court intends to remit the matter for decision by respondents, it is not necessary to hear the respondents for the present.

According to the petitioner, he was a Switch Board Operator, Group I posted at Deoghar and retired from the services of Electricity Board on 29th February, 2001. It is alleged that even after his retirement, GPF amount has not yet been paid, though sanctioned by GM-cum-Chief Engineer, Area Electricity Board, Bhagalpur, vide, Letter No.446 dated 19th January, 2001 nor his pension has been commuted, though sanction order for commutation passed vide Order No. 11219 dated 6th December, 2000.

The counsel for the JSEB submitted that the petitioner having retired from the services of the BSEB, they are liable to pay the benefit.

It is also pointed out that the GM-cum-Chief Engineer, Area Electricity Board, Bhagalpur who sanctioned the GPF amount is an Officer of BSEB. On the other hand, according to the counsel for the BSEB, the petitioner was a Workman and posted at Deoghar, his appointing authority being of the rank of GM-cum-Chief engineer, the present GM-cum-Chief Engineer, Dumka is liable to pay the amount. The competent authority has merely issued the order of sanction.

This issue as to who amongst the two Boards will pay the retiral benefits to an employee after creation of the JSEB fell for consideration before this Court in the case of Jhabhu Pandit v. JSEB and Ors. and analogous cases WPS No. 1853/2002, disposed of on 17th May, 2002, reported in 2002(2) JCR 372 JHR.

As the petitioner was posted at Deoghar which now falls within the jurisdiction of Jharkhand, the competent authority of JSEB is now liable to pay the benefits as per decision in Jhabhu Pandit, (supra).

The case is, accordingly, remitted with direction to the competent authority to release and pay the petitioner the GPF amount and also the commuted pension already sanctioned within two months from the date of receipt/production of a copy of this order.

So far pension in the revised scale is concerned, the petitioner may represent separately before the GM-cum-Chief Engineer, Dumka who will decide the matter within two months and pay the amount, if payable, within two months thereof.

In case of any adverse decision, the authority will communicate the ground to the petitioner within the period aforesaid.

The writ petition stands disposed of.