IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No. 13005 of 2006 RAMENDRA NATH SRIVASTAVA, AGED ABOUT 65 YEARS, RETIRED AS ELECTRICAL EXECUTIVE ENGINEER, SON OF LATE JAGANNATH PRASAD, RESIDENT OF VILLAGE- BAKHARA, P.O. & P.S. – MOTIPUR, DISTRICT-MUZAFFARPUR. ......... PETITONER Versus 1. BIHAR STATE ELECTRICITY BOARD THROUGH ITS CHAIRMAN, VIDYUT BHAWAN, BAILEY ROAD, PATNA. 2. SECRETARY, BIHAR STATE ELECTRICITY BOARD, VIDYUT BHAWAN, BAILEY ROAD, PATNA. 3. FINANCIAL CONTROLLER-1, BIHAR STATE ELECTRICITY BOARD, VIDYUT BHAWAN, BAILEY ROAD, PATNA. 4. DEPUTY DIRECTOR OF ACCOUNTS (SECRETARIAT), BIHAR STATE ELECTRICITY BOARD, VIDYUT BHAWAN, BAILEY ROAD, PATNA. 5. JHARKHAND STATE ELECTRICITY BOARD THROUGH ITS CHAIRMAN, H.E.C. ENGINEERING BUILDING, AT & P.O.- DHURWA, RANCHI. ........ RESPONDENTS with CWJC No.13089 of 2006 BACHOO LALL SINGH, AGED ABOUT 67 YEARS, RETIRED STORE ASSISTANT, SON OF LATE RAM JASAN SINGH, RESIDENT OF VILLAGE- MAHUWARI, P.O.- EGHARA, P.S.- MEYARI BAZAR, DISTRICT – ROHTAS, PRESENTLY RESIDING IN THE HOUSE OF SRI AWADH BEHARI CHOUDHARY, RETIRED ELECTRICAL EXECUTIVE ENGINEER, RAJIVNAGAR, ROAD NO. 1 (NALAPAR), PATNA-13. ........... PETITIONER Versus 1. BIHAR STATE ELECTRICITY BOARD THROUGH ITS CHAIRMAN, VIDYUT BHAWAN, BAILEY ROAD, PATNA. 2. SECRETARY, BIHAR STATE ELECTRICITY BOARD, VIDYUT BHAWAN, BAILEY ROAD, PATNA. 3. FINANCIAL CONTROLLER-1, BIHAR STATE ELECTRICITY BOARD, VIDYUT BHAWAN, BAILEY ROAD, PATNA. 4. DEPUTY DIRECTOR OF ACCOUNTS (SECRETARIAT), BIHAR STATE ELECTRICITY BOARD, VIDYUT BHAWAN, BAILEY ROAD, PATNA. 5. JHARKHAND STATE ELECTRICITY BOARD THROUGH ITS CHAIRMAN, H.E.C. ENGINEERING BUILDING, AT & P.O.-DHURWA, RANCHI. ........... RESPONDENTS with CWJC No.13170 of 2006 KAMESHWAR MISHRA, AGED ABOUT 65 YEARS, RETIRED ACCOUNTS ASSISTANT, SON OF LATE NAND LAL MISHRA, RESIDENT OF VILLAGE- DHIRAN CHAPRA, P.O. & P.S.- R.K. ASHRAM BELA, DISTRICT- MUZAFFARPUR. ............. PETITONER Versus 1. BIHAR STATE ELECTRICITY BOARD THROUGH ITS CHAIRMAN, VIDYUT BHAWAN, BAILEY ROAD, PATNA. 2. SECRETARY, BIHAR STATE ELECTRICITY BOARD, VIDYUT BHAWAN, BAILEY ROAD, PATNA. 3. FINANCIAL CONTROLLER-1, BIHAR STATE ELECTRICITY BOARD, VIDYUT BHAWAN, BAILEY ROAD, PATNA. 2 4. DEPUTY DIRECTOR OF ACCOUNTS (SECRETARIAT), BIHAR STATE ELECTRICITY BOARD, VIDYUT BHAWAN, BAILEY ROAD, PATNA. 5. JHARKHAND STATE ELECTRICITY BOARD THROUGH ITS CHAIRMAN, H.E.C. ENGINEERING BUILDING, AT & P.O. – DHURWA, RANCHI. ........... RESPONDENTS with CWJC No.13205 of 2006 DEVENDRA PRASAD, AGED ABOUT 65 YEARS, RETIRED ASSISTANT EXECUTIVE ENGINEER, SON OF LATE BHOLA PRASAD, RESIDENT OF VILLAGE- KALYANI DIWAN ROAD, P.O. & P.S. & DISTRICT- MUZAFFARPUR. ............ PETITONER Versus 1. BIHAR STATE ELECTRICITY BOARD THROUGH ITS CHAIRMAN, VIDYUT BHAWAN, BAILEY ROAD, PATNA. 2. SECRETARY, BIHAR STATE ELECTRICITY BOARD, VIDYUT BHAWAN, BAILEY ROAD, PATNA. 3. FINANCIAL CONTROLLER-1, BIHAR STATE ELECTRICITY BOARD, VIDYUT BHAWAN, BAILEY ROAD, PATNA. 4. DEPUTY DIRECTOR OF ACCOUNTS (SECRETARIAT), BIHAR STATE ELECTRICITY BOARD, VIDYUT BHAWAN, BAILEY ROAD, PATNA. 5. JHARKHAND STATE ELECTRICITY BOARD THROUGH ITS CHAIRMAN, H.E.C. ENGINEERING BUILDING, AT & P.O.- DHURWA, RANCHI. ........ RESPONDENTS ----------- 2 25.04.2011 Heard learned counsel for the petitioners, learned counsel appearing on behalf of Bihar State Electricity Board as well as learned counsel appearing on behalf of Jharkhand State Electricity Board. In all the aforesaid writ petitions (i.e. C.W.J.C. Nos. 13005 of 2006, 13089 of 2006, 13170 of 2006 & 13205 of 2006), the petitioners retired from the place which has now fallen within the territorial jurisdiction of Jharkhand but they retired prior to bifurcation of the State of Jharkhand from the State of Bihar. Claim of the petitioners in the writ petitions was that after their retirement they started to get pension from Bihar State Electricity Board but all of a sudden in the year 2005 their pension was stopped, thereafter, the dispute went up to the Hon’ble Supreme Court, 3 and now, it has already been settled, and as per new procedure the respondent/Bihar State Electricity Board, was directed to make payment of pension. Learned counsel for the petitioners Sri R.K. Sinha, admits that now the petitioners are getting pension. Even their earlier pensions which were stopped for nineteen months has also been paid. Sri Sinha has argued that at least the petitioners are entitled to get interest on delayed payment of their pension for about nineteen months. In the facts and circumstances of the present case, particularly, the fact that the matter has finally been settled by the Hon’ble Supreme Court, the court is of the opinion that there were no intentional latches on the part of either of the parties, and as such, the petitioners are not entitled to claim any interest on such payment. Since the petitioners have already been paid their arrear pension and they are getting pension regularly, the court is of the opinion that there is no need to further keep the matter pending. The writ petitions stand disposed of. Praful (Rakesh Kumar, J.)