IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8081 of 2010 BRIJ NANDAN PRASAD, S/O LATE RAM SHARAN SINGH, R/O VILL.- KATAUNA, P.S. KATRISARAI, DISTT.- NALANDA, PRESENTLY RESIDING AT KATAUNA SADAN, MOHALLA- NEW AREA OF NAWADA TOWN, P.S.+DISTT.- NAWADA. ---Petitioner Versus 1. THE BIHAR STATE ELECTRICITY BOARD THROUGH ITS CHAIRMAN, VIDYUT BHAWAN, BAILEY ROAD, PATNA. 2. THE CHAIRMAN, BIHAR STATE ELECTRICITY BOARD, VIDYUT BHAWAN, BAILEY ROAD, PATNA. 3. THE SECRETARY, BIHAR STATE ELECTRICITY BOARD, VIDYUT BHAWAN, BAILEY ROAD, PATNA. 4. THE JOINT SECRETARY, BIHAR STATE ELECTRICITY BOARD, VIDYUT BHAWAN, BAILEY ROAD, PATNA. 5. THE FINANCE-OFFICER, BIHAR STATE ELECTRICITY BOARD, VIDYUT BHAWAN, BAILEY ROAD, PATNA. ---Respondents ----------- 3. 9.7.2010 Heard learned counsel for the petitioner and the respondent-Board. The grievance of the petitioner is with regard to the payment of balance 10% of pension and entire gratuity, which has been withheld on account of the alleged pendency of the criminal case against him. It is submitted that the person similarly situated, namely, Lal Saheb Singh, Electrical Executive Engineer, has been sanctioned 100% pension as also gratuity and leave encashment vide order contained in Annexure 5 series. Learned counsel for the respondent-Board submits that the case of the petitioner as well as Lal Saheb Singh, which has been referred to by the petitioner, shall be examined and if the case of the petitioner is found to be similar to that of Lal Saheb Singh, the decision with regard to the petitioner will also be taken accordingly as 2 has been taken in the case of said Lal Saheb Singh. In the above circumstances, learned counsel for the petitioner is permitted to make such request by way of representation before the Secretary, Bihar State Electricity Board, Patna (respondent no.3), with a copy to the Finance Officer, Bihar State Electricity Board, Patna (respondent no.5) claiming payment of 10% of balance pension as also the gratuity and leave encashment. In case such a representation is filed enclosing the copy of the relevant documents, including the documents as contained in Annexure 5 series within a period of four weeks, respondent no.3 shall consider the grievances of the petitioner expeditiously, preferably within a period of two months on receipt of such representation. Upon consideration, if the representation of the petitioner is accepted, the necessary balance payment with regard to the pension, gratuity and leave encashment may be paid. The writ application stands disposed of with the above observations/directions. PNM (Shailesh Kumar Sinha, J.)