IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2924 of 2009 SHIVNANDAN SINGH, S/O LATE BASO SINGH, RESIDENT OF VILLAGE- BARUNA, P.S. FATUHA, DISTRICT-PATNA .............. PETITIONER Versus 1. THE CHAIRMAN, B.S.E.B., BIDUTH BHAWAN, BAILEY ROAD, PATNA 2. THE GENERAL MANAGER-CUM-CHIEF ENGINEER, PESU, AREA, PATNA 3. THE SUPERINTENDEING ENGINEER, PESU, BANKIPUR DIVISION, PATNA .................. RESPONDENTS ----------- 02/ 04.03.2009 Heard counsel for the petitioner and counsel for the Bihar State Electricity Board. There should not be any difficulty for this Court to hold that once the respondent authorities of the Board has passed order sanctioning the different amount of retirement benefit they also owe a duty to make their payment to the petitioner. This Court, however, has been informed about in a number of cases of retirement benefit of the Board that that there is a financial crunch in the Board, as such, it has taken a policy decision for payment of pension, provident fund and group insurance (G.S.S.), in the first instance, and to make payment of other two retiral benefits, namely group insurance and leave encashment as per the date of retirement. In that view of the matter, the Court would direct the respondents to make payment of admitted dues of pension (both the arrear and the current) provident fund up-to-date with statutory interests and the amount of G.S.S. within a period of one month from the date of receipt/production of a copy of this order. - 2 - The amount of other two retirement benefits, namely, gratuity and leave encashment shall be paid to the petitioner when his turn would come as per the date of his retirement. The petitioner is said to have retired on 31.08.2008 and, therefore, the Board must pay the amount of gratuity and leave encashment to the petitioner, when it would make payment to the other employees retiring from the Board on the same date. The application stands disposed of with the aforesaid observations. S.Sb/- (Mihir Kumar Jha, J.)