IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1935 of 2006 HARINESHWAR JHA Versus BIHARSTATE ELECTRICITY BOARD & ORS. ----------- For the petitioner : Mr. Shailendra Kr. Jha For the respondents : Mr. Vinay Kirti Singh --- P R E S E N T Hon'ble the Chief Justice And Hon'ble Mr. Justice Kishore K. Mandal --- Dated, the 17th July, 2008 This contempt application has been made by the petitioner alleging disobedience and violation of the order dated 4th July, 2002. 2. The relevant portion of the order dated 4th July, 2007 reads thus: “Today a Cheque of Rs.194258/- has been made over to the petitioner‟s counsel bearing Cheque No.612526 dated 2.7.2002 drawn on State Bank of India, Saharsa Branch and an endorsement to that effect has been made by the learned counsel for the petitioner on the right hand side of the order-sheet. The grievance of the petitioner remains to the effect that that some arrear pension has not been made available to him as the matter stands that at that time as the amount was not available, so payment could not be made to him. But now the same has been sanctioned and the payment shall be made to the petitioner. With regard to other claims regarding H.R.A., Cash handling allowance and also non-payment of full Leave encashment amount, the petitioner may make a representation before the Finance Controller, Bihar 2 State Electricity Board within three weeks along with a copy of this order giving details of all his further claim and on receipt of such representation from the side of the petitioner, the Finance Controller shall consult the service record of the petitioner and after giving an opportunity of hearing to the petitioner shall dispose of the representation within eight weeks next thereafter. If some amount is due to the petitioner the same shall be paid to him along with 5% interest per annum from the date of due till the date of realization within eight weeks next thereafter. If the whole or part of the representation does not find favour with the Finance Controller he shall pass a reasoned order.” 3. The petitioner made representation to the Financial Controller on 24th July, 2002. It appears that the said representation has been disposed of on 2nd May, 2003 after hearing the petitioner. In this connection, it is relevant to re- produce paragraphs – 5 & 6 of the cause shown by the respondents, which read thus: “That the petitioner had filed representation before the Financial Controller on 24.7.2002. Accordingly the representation submitted by the petitioner was examined along with other relevant facts and records by the F.C. by 21.03.2003 in presence of the petitioner and after careful examination and due consideration the F.C had disposed of the petition vide office order no.1744 dated 02.5.2003 in following terms:- (i) One copy of sanction order of GPF is to be made available to Sri Jha by registered post by the GM cum CE, Kosi Area, Saharsa within a week. (ii) Arrear of pension along with interest @ 5% per annum from the due date till the date of payment is to be paid within a fortnight. (iii) Cash-handling allowance w.e.f. 08.05.99 to 31.01.2001 and House-rent allowance for the period w.e.f. 09.08.99 to 31.01.2001 as admissible as per rule is to be paid within 3 fifteen days along with interest @ per annum from the date of due till date of payment. (iv) The amount of interest so paid to the petitioner is to be realized from the salary of the employees responsible for the same. The said order was communicated to the petitioner vide office order no.1744 dated 02.05.03 under memo no.1086 dated 02.5.2003, a copy whereof is marked as Annexure „A‟ to this show cause reply. That the petitioner has been paid the following retirement benefits:- (i) Pension:- Rs.4,723/- per months paid regularly. (ii) Gratuity:- Rs.96,246.32 only vide cheque no.004750 dated 20.6.02. (iii) GPF:- Rs.1,94,258/- paid vide cheque No.612526 dated 02.07.02. (iv) GSS Rs.28,719/- paid by cheque no.555605 dated 20.06.02. (v) Leave encashment: Rs.49,310/- paid vide cheque no. 555603 dated 10.06.02 (vi) HRA Rs.4,435/- only + Cash handling allowance Rs.1039/- only + 5% interest on GPF Rs.605/- only total paid vide cheque no.545959 dated 31.05.03 (vii) PRC Arrear upto September 06 (21 instalment) @ 1490/- per month Rs.31,290/-paid vide cheque no.023806 dated 30.10.06 (viii) Interest on pension Rs.9,441/- paid vide cheque no.023819 dated 24.11.06 (ix) Pension Arrear (5/01 to 2/2002) Rs.59,940/- paid vide cheque no.005837 dated 08.5.03 (x) Pension Arrear (2/01 to 4/01) Rs.14817/- paid vide cheque no.005838 dated 08.5.03 (xi) Difference of pension 4 (2/01 to 4/01) Rs.9,818/- paid vide cheque no.007103 dated 02.6.03.” 4. In what has been noticed above, we are of the view that no further order in this contempt application needs to be passed by us. It is disposed of , accordingly. 5. If there is any claim left or omitted, the petitioner is always free to bring the same to the notice of the concerned authority to be considered the same in accordance with law. R.M. Lodha, CJ. Kishore K. Mandal, J. Neyaz/