® HIGH COURT OF CHHAT'HSGARH AT BILASPUR VVrit Pctitiim Na. 928 of 2003 K. Shridharan S/o Late Shri VK. PanickBr, aged about 59 years, Retired Addl. Executive Engineer (AE) of Chhattisgarh State Electricity Board, Resident of 2/1 0, NOrth VasundharaNagar, Bhiiaiéx District Durg (CG). VERSU§ i 1. Chhattisgarh State Electricity Board (CSEB) through its Chairman/Secretary) Head Ofiice, Raipur. 2. Chief Engineer, Ci‘ihattisgarh' State Electricity Board (0&M) Circle Rajnandgaim, Circle Office Rajnandgaon, District Rajnandgaon. 3. Executive Engineer (0&M) Division Offiee, CSEB Rajnandgaon, District Rajnandgaon (CG). (WRIT PETITION UNDER ARTICLE 226/227 OF HE CONSTITUTION OF INDIA) SB: Hon'ble Mr. Satish K. Agnihotri, J.) Present : PETITIONER RESF$N"“NTS Shri Brijesh Singh} Advccate for the petitioner. Shri P.K.C. Tiwari, Sr. Advecate with Shri Shashi Bhushan, Advocate for tiie respondents. ORAL ORDER (Pasecd on 29m day of August, 2008) i. With the consent of the parties, the matter is taken up for hearing finatiy.» W 2. The petitioner, by this petition, seeks prayer‘that the demand letter dated 17.06.2002 (Annemire P/l) for submitting details of bilts of M/s Agrawal Fuels, be quashed and further seeks for payment of retiral benetits. . Shri Tiwari, teamed counsel appearing for the respondents submits that the entire payment of retirai dues has been made as stated in the return \ filed by the respondents on 09.10.2003. He further submits thatthe < . h i y. deiay caused in settling the retirai dues was on account 6f the delay caused hy the petitioner in not submitting details of fuel biiis. It is evident from the letter dated 14.072003 (Annexurc R/3) addressed to the Executive Engineer, CESB, Rajnandgaon, and thereafter, action was taken and the entire dues has been settied. Thus, the respondent cannot he held liabie for delay in payment of retiral dues, as this was on account ofthe delay on the part of the petitioner. . l have heard learned counsel for the parties, perused the pleadings and documents appended thereto. It is apparent that the retiral dues has been paid and delay in settling the dues was on account of late submission ofdetails of fuel bills from M/s Agrawal Fuels. It is also clear from the fact that the prayer clause-1 of the petition is to quash demand of submission of fuel bills indicates that the petitioner wanted to get all the benefits without clearing the fuel bills. . The petitioner does not deserve any sympathy on equity also for grant of interest. The petition is accordingly dismissed as having become infructuous. No order as to costs. . Consequentiy, M(W)P No. 802/03, application for grant of interim Sahu y reliet'also stands disposed of. ‘ “”— if Sd/- J: Sau'sh K. Agnihou-i . Judge \