IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12284 of 2005 HIRDAY NARAYAN SINGH SON OF LATE RAGHUNATH SINGH, RESIDENT OF NARAYAN BIGHA, POST OFFICE- BADGAON, P.S. TEKARI, DISTRICT GAYA. ... ... PETITIONER. Versus 1. THE BIHAR STATE ELECTRICITY BOARD, THROUGH THE CHAIRMAN, VIDYUT BHAWAN, BAILEY ROAD, PATNA. 2. THE SECRETARY BIHAR STATE ELECTRICITY BOARD, VIDYUT BHAWAN, BAILEY ROAD, PATNA. 3. FINANCE CONTROLLER, BIHAR STATE ELECTRICITY BOARD VIDYUT BHAWAN, BAILEY ROAD, PATNA. 4. DIRECTOR, PERSONNEL, BIHAR STATE ELECTRICITY BOARD, BIDYUT BHAWAN, BAILEY ROAD, PATNA. 5. GENEAL MANAGER CUM CHIEF ENGINEER, BIHAR STATE ELECTRICITY BOARD, MAGADH AREA ELECTRICITY BOARD, GAYA. 6. ACCOUNTS OFFICER, BIHAR STATE ELECTRICITY BOARD, ELECTRIC SUPPLY CIRCLE, GAYA. 7. ELECTRICAL SUPERINTENDING ENGINEER, BIHAR STATE ELECTRICITY BOARD, ELECTRIC SUPPLY CIRCLE, GAYA. 8. ELECTRICAL EXECUTIVE ENGINEER,BIHAR STATE ELECTRICITY BOARD, ELECTRIC SUPPLY DIVISION (RURAL), GAYA. ... ... RESPONDENTS. ----------- 2. 28.1.2011. Heard Shri Dhirendra Kumar ‘Munna’, learned counsel for the petitioner as well as learned counsel appearing on behalf of the respondents Bihar State Electricity Board. The writ petition was filed for directing the respondents for paying all the retiral dues including payment of amount of gratuity, which was deducted earlier as well as for payment of amount of Medical Bill for Rs.31,800/-. In this case, by filing counter affidavit, the respondent Electricity Board, in its paragraph-6, has stated that following dues of the petitioner has already 2 been paid:- A. A sum of Rs.3,65,013/- towards general provident fund through cheque No.447547 dated-0. 2.05. B. A sum of Rs.1,69,211/- towards gratuity through cheque No.447519 dated 28.11.2005. C. A sum of Rs.49,276/- towards G.S.S. through Cheque No.443911 dt- D. A sum of Rs.72,025/- towards leave encashment through cheque No.447559 dt- Learned counsel for the petitioner submits that it is true that other dues have already been cleared, but the respondent Electricity Board is silent on the point of payment of dues amount of Medical Bill as well as amount, which was deducted from the gratuity amount vide Annexure-2 to the petition. It was submitted by learned counsel for the petitioner that Rs.20,750/- was deducted from the gratuity amount on the plea for adjustment of dues, if any. The petitioner was not required to clear any dues and nothing was lying with the petitioner and as such the respondent Board was required to 3 make payment of the deducted amount. In view of the facts and circumstances particularly the stand that most of the dues have already been cleared, the writ petition stands disposed of with a direction to pass appropriate order in respect of payment of deducted amount from the gratuity as well as Medical Bill. Such decision must be taken within a period of two months from the date of receipt/production of a copy of this order. It is made clear that if the respondent Electricity Board considers the claim of the petitioner as genuine, the payment must be made within aforesaid time. In case of refusal, the respondents are required to pass a speaking order within aforesaid time. With aforesaid observation and direction, the petition stands disposed of. N.H./ ( Rakesh Kumar,J.)