IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9035 of 2009 Daya Nand Singh, S/o-Late Krishna Murari Singh, resident of village- Shahpur, P.S.-Shahpur, District-Patna, at present working as unskilled Khalasi Transmission Sub-Division, Jakanpure, Patna. -Petitioner. VERSUS 1. The Chairman through Secretary, Bihar State Electricity Board, Patna. 2. The Secretary, Bihar State Electricity Board, Patna. 3. The General Manager-cum-Chief Engineer, Transmission Zone, New Punaichak, Patna. 4. The Electrical Superintending Engineer, Transmission, Sub-Division, Punaichak, Patna. 5. The Electrical Executive Engineer, Transmission, Sub-Division, Punaichak, Patna. 6. The Accountant Officer, Transmission Circle, Patna. -Respondents. ----------- 03 09.10.2009 The petitioner is an unskilled Khalasi in the services of the Bihar State Electricity Board in the transmission division. His solitary grievance is that being in transmission division, to maintain supply, he was made to work over time but when it came to making payment for such work the authorities of the Board have restricted it to 50 hours per quarter that it is submitted is neither bona fide nor justified. He submits that being a very junior employee he had no authority to walk out especially when he was in transmission division and not attend to work. It is not disputed that petitioner did the work much more than 50 hours per quarter as over time. This Court has already held in several decisions and also in C.W.J.C. No.4034 of 2008 that denial of such payment would be arbitrary. Apart from what has been annexed as Annexure-2, this Court in other writ applications as well has held that it would amount to extortion. No worker can be made to work over time and then denied wages for over time. If the Board took decision that payment for only 50 hours over time in a quarter will be made, then it - 2 - had to ensure that no work was taken beyond 50 hours and cannot deny payment in respect thereof. On record by way of supplementary affidavit the communication of Executive Engineer has been placed in which 839 hours have been admitted to be over time against which sanction of 690 hours has already been made. Though, even this payment has to be made. In my view, in view of this admission itself, it is clear that the petitioner is entitled for payment in respect of the entire period of 839 hours, which shall be duly sanctioned and paid to the petitioner within two months from today. With these observations and directions, the writ petition stands disposed of. Trivedi/ (Navaniti Prasad Singh, J.)