IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15531 of 2010 Vivek Chandra Gupta, aged about 60 years, son of late Beni Madhav Prasad Gupta, resident of village Bakhara, P.S. Sarai, District Muzaffarpur Versus 1. Bihar State Electricity Board through its Chairman, Bailey Road, Patna 2. Chairman, Bihar State Electricity Board, Bailey Road, Patna 3. Secretary, Bihar State Electricity Board, Bailey Road, Patna 4. General Manager-cum- Chief Engineer, Transmission Zone, New Punaichak, Patna- 800023 5. Electrical Executive Engineer, Transmission Division, Khagaul, New Punaichak, Patna-800023 For the Petitioner :Mr. M.K. Thakur, Advocate For the Board :Mr. Binod Kumar, Advocate 02/ 16.09.2010 Heard learned counsel for the petitioner and the Bihar State Electricity Board (hereinafter referred to as the Board). 2. Petitioner superannuated while serving as Assistant Controller in the Transmission Sub-Division, Khagaul with effect from 31.5.2010. Till date he has not been paid his terminal benefits as Electrical Executive Engineer, Respondent no.5 issued notice dated 14.7.2010 and 25.8.2010 questioning the promotion granted to the petitioner in the year 1990 by a Committee of the officers of the Board. The decision in the pension payment matter of the petitioner shall be taken after consideration of his show - 2 - cause in response to notice dated 14.7.2010 and 25.8.2010. 3. Petitioner having retired with effect from 31.5.2010, the authorities of the Board should have paid him the retiral dues on the basis of the last pay received by him. In case the authorities desired to examine the promotion granted to the petitioner, appropriate action ought to have been taken after considering the show cause reply received from the petitioner on 23.7.2010, Annexure-5. 4. In the circumstances, I dispose of the writ petition with direction to the Electrical Executive Engineer to pass appropriate orders on the show cause filed by the petitioner, as early as possible, in any case within two months from the date of receipt/ production of a copy of this order before the Electrical Executive Engineer, Respondent no.5, but the payment of the retiral dues be made to the petitioner forthwith, which payment will be subject to the result of the final order passed by the Electrical Executive Engineer, Respondent no.5. 5. The writ petition is, accordingly, disposed of. Arjun/ (V.N. Sinha, J.)