Letters Patent Appeal No.602 OF 2001 Against the judgment and order dated 15.5.2001 passed in CWJC no.6114/2001. BIHAR STATE ELECTRICITY BOARD & ORS---------------------(Appellants) Versus CHANDRAMA TIWARY------------------------------------------------(Respondent) For the appellants:M/s Vinay Kirti Singh Vijay Kumar Verma For the respondent: Mr Ajay Kumar P R E S E N T THE HON'BLE MR. JUSTICE BARIN GHOSH THE HON'BLE MR. JUSTICE C.M. PRASAD Barin Ghosh and C.M.Prasad, JJ The writ petitioner-respondent, an employee of the appellant-board, was compulsorily retired. The said order was quashed and the matter was sent back to the disciplinary authority for passing fresh order. The order by which the compulsory retirement of the writ petitioner- respondent was quashed was not accepted by the appellants and they preferred an appeal against the said order. While the appeal was pending , the writ petitioner-respondent reached his age of superannuation . In such view of the matter he applied for grant of terminal dues, inasmuch as no stay was granted in the appeal. Appellants were in a fix as to whether terminal dues of the writ petitioner-respondent should be calculated on the basis of retirement of the writ petitioner-respondent from the date of his compulsory retirement or it should be deemed that the writ petitioner- - 2 - respondent continued in service until he attained the age of superannuation and, as a result they did not release the terminal dues of the writ petitioner-respondent. That resulted in filing of a writ petition. The learned Judge, who dealt with the said writ petition, felt that inasmuch as the order of compulsory retirement has been quashed and despite remand no step has been taken within time to pass afresh order and inasmuch as time to initiate a proceeding under rule 43 (b) of the Bihar Pension Rules has elapsed, the appellant-board must proceed on the basis as if the writ petitioner-respondent has retired upon attaining the age of superannuation and accordingly directed payment of terminal dues of the writ petitioner-respondent on such basis with costs assessed at Rs 5,000/ and Rs 1000/- with a further direction that the Chairman of the Board shall not draw his salary and other allowances till terminal dues of the writ petitioner-respondent are paid. The fact remains that the writ petitioner-respondent in the writ petition did not ask for payment of terminal dues proceeding on the basis of compulsory retirement. A direction for releasing his terminal dues on that basis could - 3 - be had until such time the appeal preferred by the appellants against the order quashing the order of compulsory retirement is decided one way or the other. At the same time, the appellants had succeeded in appeal preferred against the order by which the order of compulsory retirement of the writ petitioner-respondent was quashed. In the circumstances, we have no other option but to set aside the judgment and order under appeal, which we do hereby while allowing the appeal ,but at the same time allow the writ petition to the effect that the appellants shall, forthwith, but not exceeding three months from today, release all terminal dues of the writ petitioner proceeding on the basis that he retired from the date the order of compulsory retirement of the writ petitioner-respondent came into effect. There shall be no order as to costs. (Barin Ghosh, J) ( C. M. Prasad,J) The Patna High Court The 28th July,2008 Shahid/ NAFR - 4 -